I.

What is Court-Annexed Mediation

The Court Annexed Mediation (CAM) means any mediation process conducted
under the auspices of the court, after such court has acquired jurisdiction of the
dispute.1

It is a voluntary process conducted under the auspices of the court by referring the
parties to the Philippine Mediation Center (PMC) Unit for the settlement of their
dispute, assisted by a Mediator accredited by the Supreme Court.2

Institutionalization of the Philippine Mediation Program

On October 16, 2001, the Supreme Court in line with the objectives of the
Action Program for Judicial Reform (APJR) more particularly, to decongest
court dockets, promulgated a resolution, providing for standards, guidelines
and other documents contained in A.M. No. 01-10-5-SC-PHILJA, which
institutionalized and implemented the mediation program in the Philippines. 3

The Mediators

Court-annexed mediators are recruited, screened, and trained by PHILJA. After

undergoing an internship program under the supervision of PHILJA, qualified
mediator- trainees are recommended by the Academy for accreditation by the
Supreme Court.

Only mediators accredited by the Supreme Court can validly mediate in a

court- annexed mediation program.

The Mediation Process

1. Court-annexed mediation in the Philippines, is a part of pre-trial. (A.C. No. 20-

2002, April 24, 2002).

2. Uponappearanceofthepartiesduringpre-trialincasescoveredbymediation, the
Judge shall immediately direct the parties (with or without counsel) to appear
before the Philippine Mediation Center (PMC) unit located in the courthouse or
within its premises for initial mediation conference.

The referral is MANDATORY. (Administrative Circular No. 20-2002, April

24, 2002)

Cases Covered by the Court- Annexed Mediation Program

1. All civil cases, settlement of estates, and cases covered by the Rule on
Summary Procedure, except those which by law may not be compromised
(e.g., Annulment of Marriage). 4

1
Republic Act no. 9285, Sec. 3 (L)
2
What is Court-Annexed Mediation (CAM)?, http://philja.judiciary.gov.ph/pfaq.html (last accessed: August 11, 2018)
3
What is Court-Annexed Mediation (CAM)?, http://philja.judiciary.gov.ph/pfaq.html (last accessed: August 11, 2018)
4
New Civil Code, Article 2035
 2. Cases covered by the Lupong Tagapamayapa under the Katarungang
Pambarangay Law. 5

3. The civil aspect of quasi-offenses under Title 14 of the Revised Penal Code

4. The civil aspects of criminal cases where the imposable penalty does not
exceed six years imprisonmanet and the offended party is a private person
(e.g., Batas Pambansa 22).

5. Civil aspect of Estafa and Libel cases where damages are sought.6

II. Judicial Dispute Resolution

It is a process whereby the judge (called the Judicial Dispute Resolution Judge)
employs conciliation, mediation or early neutral evaluation in order to settle a case at
the pre-trial stage. In the event the JDR fails, then another judge (called the trial
judge) shall proceed to hear and decide the case.7

It is the settlement of disputes pending in their courts, after the parties failed to
settle their disputes during Court Annexed Mediation at the Philippine Mediation
Center Units (PMCU). 8

What are the cases subject to the Judicial Dispute Resolution

The following cases shall be referred to the Judiacial Dispute Resolutuon Judge in
areas declared as Judicial Dispute Resolution sites:

1. All cases which were not successfully settled in court-annexed mediation;

2. All appealed cases from the exclusive and original jurisdiction of the First
Level Courts:

a. Over civil cases and probate preceedings, testate and intestate under
Section 33, par 1 of the Judiciary Reorganization Act of 1980;

b. Over cases of forcible entry and unlawful detainer under section 33, par 2
of the Judiciary Reorganization of 1980;

a. Over civil cases involving title to or possession of real property or an

interest therein under section 33, par 3 of the the Judiciary
Reorganization of 1980; and

b. Over a habeas corpus case decided by the judge of the first level court, in
the absence of all the Regional Trial Court judges in the province or city,
that are brought up on appeal from the special jurisdiction granted to the
first level courts unders section 35 of the the Judiciary Reorganization of
1980.9

5
P.D. No. 508, as amended by R.A. No. 7160
6
A.M. No. 0I-I0-5-SC-PHILJA, dated October 16, 200I. AM. No. 04-2-04-SC, dated July 20, 2004 and effective
August 16, 2004
7
A.M. No. 11-1-6-SC-PHILJA
8
Consolidated and Revised Guidelines to Implement the Expanded Coverage of Court- Annexed Mediation and
Judicial Dispute Resolution
9
Judiciary Reorganization of 1980;

Page 2
 What are the cases that cannot be referred to both Court-Annex Mediation and
Judicial Dispute Resolution

1. Civil cases which by law cannot be compromised, as follows:

a. The civil status of persons;
b. The validity of a marriage or a legal separation;
c. Any ground for legal separation;
d. Future support;
e. The jurisdiction of courts; and
f. Future legitime.
2. Civil aspect of non-mediatable criminal cases; 
3. Petitions for Habeas Corpus;
4. All cases under Republic Act No. 9262 (Violence against Women and
Children); and
5. Cases with pending application for Restraining Orders/Preliminary
Injunctions.
However, in cases covered in numbers 1, 4 and 5 where the parties inform the
court that they have agreed to undergo mediation on some aspects thereof,
e.g., custody of minor children, separation of property, or support pendente
lite, the court shall refer them to mediation.

III. Roles of Lawyers in Court-Annexed Mediation and Judicial Dispute

Resolutuion10

Lawyers may attend mediation proceedings in the role of adviser and consultant
to their clients, dropping their combative role in the adjudicative process, and giving
up their dominant role in judicial trials. They must accept a less directive role in order
to allow the parties more opportunities to craft their own agreement.

In particular, they shall perform the following functions:

1. Help their clients comprehend the mediation process and its benefits and allow
them to assume greater personal responsibility in making decisions for the
success of mediation in resolving the dispute.

1.Discuss with their clients the following:

The substantive issues involved in the dispute.

a. Prioritization of resolution in terms of importance to client.

b. Understanding the position of the other side and the underlying fears,
concerns, and needs underneath that position.

c. Need for more information or facts to be gathered or exchanged with the

other side for informed decision making.
10
Guidelines for Parties’ Counsel in Court-Annexed Mediation Cases, A.M. No. 04-3-15 SC PHILJA, 15 March 2004

Page 3
 d. Possible bargaining options but stressing the need to be open-minded
about other possibilities.

e. The best, worst, and most likely alternatives to a negotiated agreement.

3. Assist in preparing a compromise agreement that is not contrary to law, morals,

good customs, public order, or public policy so that the same may be approved
by the court, paying particular attention to issues of voluntary compliance of
what have been agreed upon, or otherwise to issues of enforcement in case of
breach.

4. Assist, wherever applicable, in the preparation of a manifestation of satisfaction

of claims and mutual withdrawal of complaint and counterclaim as basis for the
court to issue an order of dismissal. 11

IV. Continuous Trial of Criminal Cases

It applies to all newly-filed criminal cases, including those governed by

Special Laws and Rules12, in the First and Second Level Courts, the
Sandiganbayan and the Court of Tax Appeals. It also applies to pending criminal
cases with respect to the remainder of the proceedings. It shall not apply to cases
under the Rule on Summary Procedure.

Procedure

Trial shall be held from Monday to Thursday at exactly 8:30 A.M. and
2:00 P.M13. Hearing on motions, arraignment and pre-trial, and promulgation of
judgment of decisions are in the morning of Fridays.14

All courts shall ensure the posting of their court calendars outside their courtroom
at least one (1) day before the scheduled hearing15

Motions

1. Motions for inhibitions based on Rule 137 shall be resolved immediately or

within two (2) calendar days from filing.

2. Prohibited motions shall be denied outright before the arraignment without

need of comment and / or opposition.

The following are the prohibited motions:

a. Motion judicial determination of probable cause.

11
Resolution A.M. No. 11-1-6-SC-PHILJA
12
Comprehensive Dangerous Drug Act of 2002, Cybercrime Prevention Act of 2012, Rules of Procedure for
Environmental Cases, Rules of Procedure for Intellectual Property Cases, and Criminal Cases cognizable by Family
Courts and Commercial Courts
13
Administrative Circular No. 3-99
14
Sec. 7, Rule 15 of the Rules of Court
15
OCA Circular No. 250-2015

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 b. Motion for preliminary investigation filed beyond the five (5) day period
in inquest proceedings16 or when preliminary investigation is required17
or allowed in inquest proceedings and the accused failed to participate
despite due notice.

c. Motion for reinvestigation of the prosecutor who recommends the filing

of the information once the information has been filed before the court
(1) if the motion is filed without prior leave (2) when preliminary
investigation is required and has been actually conducted, and the
grounds relied upon in the motion are not meritorious, such as issues of
credibility, admissibility of evidence, innocence of the accused, or lack
of due process when the accused was actually notified, among others.

d. Motion to quash information when the ground is not one of those stated
in the rules.18

e. Motion for bill of particulars that does not conform to the rules.19

f. Motion to suspend arraignment based on grounds not stated by the

rules20.

g. Petition to suspend criminal action based on prejudicial question when no

civil case has been filed21.

3. Motions that allege plausible grounds supported by relevant documents and/or

competent evidence, except those that are already covered by the Revised
Guidelines, are meritorious motions, such as:

a. Motion to withdraw information, or to downgrade the charge in the

original information, or to exclude an accused originally charged therein,
filed by the prosecution as a result of a reinvestigation, reconsideration,
and review;

a. Motion to Quash warrant of arrest;

b. Motion to suspend arraignment on the ground of an unsound mental

condition22

c. Motion to suspend proceedings on the ground of a prejudicial question

where a civil case was filed prior to the criminal case23

d. Motion to quash information on the grounds that the facts charged do not
constitute an offense, lack of jurisdiction, extinction of criminal action or
liability, or double jeopardy24

16
Sec. 6, Rule 112 of the Rules of Court
17
Sec. 8, Rule 112 of the Rules of Court
18
Sec. 3, Rule 117 of the Rules of Court
19
Sec. 9, Rule 116 of the Rules of Court
20
Sec. 11, Rule 116 of the Rules of Court
21
Sec. 7, Rule 111 of the Rules of Court
22
Sec. 11 (a), Rule 116 of the Rules of Court
23
Sec. 11 (b), Rule 116 of the Rules of Court
24
Sec. 3, par. (a), (b), (g), and (i), Rule 117 of the Rules of Court

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 e. Motion to discharge accused as a state witness25

f. Motion to Quash search warrant26 or motion to suppress evidence;

g. Motion to disnuss on the ground that the criminal case is a Sfrategic

Lawsuit Against Public Participation (SLAPP).

4. Motion for postponement is prohibited, except if it is based on acts of God, force

majeure or physical inability of the witness to appear and testify. If the motion is
granted based on said exceptions, the moving party shall be warned that the
presentation of its evidence must still be finished on the dates previously agreed
upon. A motion for postponement shall at all times be paid with the Office of the
Clerk of Court. The Branch COC shall not accept the motion unless
accompanied by the original receipt.

Free Legal Assistance

If a party fails to qualify for Public Attorneys Office services, the IBP shall
provide free legal assistance to the party. The IBP shall submit the list of lawyers to the
Executive Judge for possible appointment as counsel de officio in such cases.

Private Prosecutor

Where only the civil liability is being prosecuted, the head of the prosecution
office may issue a written authority to a private prosecutor who may prosecute in the
absence of the public prosecutor.27

Consolidations

Consolidation of cases may be done even before raffling provided a motion for
consolidation accompanies the filing before the Office of the Clerk of Court. If a new
case is filed involving an accused who has been subjected to further investigation by the
office of the prosecutor over an incident involving the same subject matter as that of the
already raffled information, the new case shall be assigned directly to the court where the
earlier case is pending, provided, there is a motion for consolidation from the office of
the prosecutor that accompanies its filing in court. The proceedings already had in the old
case may be adopted.

Archiving of Cases

Archiving of cases shall be done within the period prescribed under the
guidelines28. A criminal case shall be archived only if, after the issuance of the warrant of
arrest, the accused remains at large for six (6) months from the delivery of the warrant to
the proper peace officer. Such case may likewise be archived when proceedings therein
are ordered suspended for an indefinite period because: a.) the accused appears to be
suffering from an unsound mental condition, b.) a valid prejudicial question in a civil

25
Sec. 17, Rule 119 of the Rules of Court
26
Sec. 14, Rule 126 of the Rules of Court
27
Sec. 5, Rule 110 of the Rules of Court
28
Supreme Court Administrative Circular No. 7-A-92, as restated in OCA Circular No. 89-2004

Page 6
action is invoked during the pendency of the criminal case, c.) an interlocutory order or
incident in the criminal case is elevated to a higher court which issued a TRO or writ of
preliminary injunction, d.) when the accused has jumped bail before arraignment and
cannot be arrested by the bondsman.

Arraignment and Pre-Trial

1. Arraignment and Pre-trial shall be set within ten (10) calendar days from date
of the court’s receipt of the case for a detained accused, and within thirty (30)
calendar days from the date the court acquires jurisdiction over a non-detained
accused. The setting shall be incorporated in the commitment order or in the
approval of the bail in other cases. Notices shall be sent to the accused, his/her
counsel, private complainant or complaining law enforcement agent, public
prosecutor, and witnesses whose names appear in the information for purposes of
plea-bargaining, arraignment and pre-trial.

2. In multiple cases, the court, upon personal examination of the accused may
allow a waiver of the reading of the information upon the full understanding and
express consent of the accused and his/her counsel, which consent shall be
expressly stated in both the minutes/certificate of arraignment and the order of
arraignment.

3. Plea bargaining except in drug cases shall immediately proceed, provided the
private offended part in private crimes, or the arresting officer in victimless
crimes, is present to give his/her consent with the conformity of the public
prosecutor. Thereafter, judgment shall immediately be rendered in the same
proceedings. If the accused pleads guilty to the crime charged in the information,
judgment shall be immediately rendered, except in those cases involving capital
punishment. For drug cases, trial shall be finished not later than sixty (60) days
from filing of the information. Decision shall be rendered within fifteen (15) days
from submission of case for decision.

For environmental cases, from arraignment and pre-trial, it shall be set for
hearing within thirty (30) days. Trial on the merits shall be conducted for a
period of three (3) months then filing of memoranda is within thirty (30) days
and the decision shall be rendered within sixty (60) days from the last day to file
memoranda. Disposition period shall be within ten (10) months from date of
arraignment.

For intellectual property right cases, from arraignment and pre-trial, it shall be
set for hearing within thirty (30) days. Trial on the merits shall be conducted for
a period of sixty (60) days then filing of memoranda is within thirty (30) days
and the judgment shall be rendered within ninety (90) days from submission of
case for decision.

1. Pre-trial shall proceed even in the absence of parties provided, they were
notified and the counsel for the accused and the public prosecutor are present.

Page 7
 The documentary evidence for both parties shall be marked. The pre-trial order
shall immediately be served upon the parties and counsel on the same day after
the termination of the pre-trial. Courts must strictly comply with the rules.

Mediation

The referral of the case for mediation shall be made only after the arraignment
and the pre-trial/preliminary conference. The mediation shall be terminated within a non-
extendible period of thirty (30) calendar days. Except those case mentioned above,
criminal cases under the Rule on Summary Procedure shall not be referred to mediation.

Bail

Petition for bail filed after the filing of the information shall be set for summary
hearing after arraignment and pre-trial. It shall be heard and resolved within a non-
extendible period of thirty (30) days from the date of the first hearing, except in drug
cases which shall be heard and resolved within twenty (20) calendar days. The accused
need not present evidence to rebut the prosecution’s evidence. Motion for reconsideration
on the resolution of petition for bail shall be resolved within a non-extendible period of
ten (10) calendar days from date of submission of the motion.

Form of Testimony

For First Level Courts, in all criminal cases, including those covered by the Rule
on Summary Procedure , the testimonies of witnesses shall consist of the duly subscribed
written statements given to law enforcement officers or the affidavits or counter-
affidavits submitted before the investigating prosecutor and if such are not available,
testimonies shall be in the form of judicial affidavits. The trial prosecutor may opt to
dispense with the sworn statements submitted to the law enforcement officers and instead
prepare judicial affidavits or modify or revise the said sworn statements.

For Second Level Courts, Sandiganbayan and Court of Tax Appeals, where the demeanor
of the witnesses is not essential, like the forensic chemist, medico-legal officers,
investigators, auditors, accountants, engineers, custodians, expert witnesses and other
similar witnesses, who will testify on the authenticity, due execution and the contents of
public documents and reports, and in criminal cases that are transactional in character,
such as falsification, malversation, estafa or other crimes where the culpability or
innocence of the accused can be established through documents, the testimonies of the
witnesses shall be the duly subscribed written statements given to law enforcement
officers or the affidavits or counter-affidavits submitted before the investigating
prosecutor, and if such are not available, testimonies shall be in the form of judicial
affidavits.

Stipulations

During the pre-trial/preliminary conference, the court shall require the parties to
stipulate on the testimonies of witnesses who have no personal knowledge of the material
facts constituting the crimes, such as, forensic chemists, medico-legal officers,

Page 8
investigators, auditors, accountants, engineers, custodians, expert witnesses and other
similar witnesses, who will testify on the authenticity, due execution and the contents of
public documents and reports; corroborative witnesses; and those who will testify on the
civil liability. This is without prejudice to additional direct and cross examination
questions.

Trial

1. The court shall encourage the accused and the prosecution to avail of Secs. 12 and
13 and 15, Rule 119 of the Rules of Court.

2. In the absence of the counsel de parte, the hearing shall proceed upon
appointment by the court of a counsel de officio.

3. The offer of evidence, the comment/objection thereto, and the court ruling thereto
shall be made orally in open court on the same day after the presentation of the
last witness either for the prosecution or for the defence. The court shall ensure
that the offered evidence are submitted to court on the same day it is offered.

4. The court shall inquire from the accused his/her desire to move for leave of court
to file demurrer to evidence or to proceed in presenting his/her evidence. If the
accused orally moves for leave of court to file a demurrer to evidence, the court
shall orally resolve the same. If the motion for leave is denied, the court shall
issue an order for the accused to present and terminate his/her evidence on the
dates previously agreed upon, and to orally offer and rest his/her case on the day
his/her last witness is presented. If accused insists on filing the demurrer to
evidence without leave, the previously scheduled dates for the accused to present
evidence shall be cancelled. The demurrer shall be resolved by the court within a
non-extendible period of thirty (30) calendar days from the date of the filing of
the comment or lapse of the ten (10)-day period to comment. If the motion for
leave of court to file demurrer to evidence is granted, and the demurrer to
evidence is denied, the accused shall likewise present and terminate his/her
evidence, one day apart, morning and afternoon and shall orally offer and rest
his/her case on the day his/her last witness is presented.

5. The court shall strictly adhere to the rule that a witness has to be fully examined
in one (1) day.

Memoranda

The submission of memoranda is discretionary on the part of the court which in

no case shall exceed twenty-five (25) pages in length, single-spaced, on legal size paper,
using size 14 font. Its filing is non-extendible and shall not suspend the running of the
period of promulgation of the decision.

Lack of Stenographic Notes

Judges who conducted the trial and heard the testimonies of witnesses shall
submit the case for decision even if the transcript of stenographic notes are incomplete or

Page 9
missing. If the case was heard completely by another judge, not the judge tasked to write
the decision, the latter shall direct the stenographers concerned to submit the complete
transcripts within the period of thirty (30) calendar days from date of his/her assumption
to office.

Promulgation

The judge shall announce in open court and include in the order submitting the
case for decision, the date of the promulgation of its decision which shall not be more
than ninety (90) calendar days from the date the case is submitted for decision, except
when the case is covered by special Rules and other laws which provide for a shorter
period.

A motion for reconsideration of judgment of conviction or motion for new trial

under Rule 121 filed within the reglementary period of fifteen (15) days from
promulgation shall be resolved within a non-extendible period of ten (10) calendar days
from the submission of the comment of the prosecution or even in the absence of
comment.

Inventory of Criminal Cases

The one (1) week of each semester devoted for the conduct of annual and semi-annual
physical inventory of cases and preparation of the semestral docket inventory report29

Posting

The Revised Guidelines shall be posted at all floors of the covered halls of justice,
the Sandiganbayan, the Court of Tax Appeals and the offices of their respective Clerks of
Court, including all offices of the Integrated Bar of the Philippines and other Bar
associations.

Effect of Non- Compliance

Non-compliance with the Revised Guidelines, including failure to observe the

timelines and deadlines herein provided, is a ground for disciplinary action.

29
Administrative Circular No. 76-2007

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