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2020 Guidelines For The Conduct of CAM and JDR
2020 Guidelines For The Conduct of CAM and JDR
Table of Contents
Chapter 1. Coverage
Section 1. Mandatory coverage for CAM in Civil Cases – The following cases
shall be referred to CAM:
(b) All Special Civil Actions, except under Rules 63, 64, 65, 66, and 71 of the
Rules of Court;
(c) Special proceedings cases for settlement of estate where the dispute
involves claims against the estate, or the distribution or partition of estate
in intestate proceedings;
(d) All those cases involving issues under the Family Code and other laws in
relation to support, custody, visitation, property relations, guardianship of
minor children, and other issues which can be the subject of a
compromise agreement;
Section 2. Referral to JDR in Civil Cases – The following cases may be referred
to JDR:
(b) The following cases, brought on appeal from the exclusive and original
jurisdiction granted to the first level courts under the Judiciary
Reorganization Act of 1980, may be referred to JDR in areas declared as
JDR sites, if the RTC Judge is convinced that settlement is still possible;
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(1) all civil cases and settlement of estate, testate and intestate1;
(2) all cases for forcible entry and unlawful detainer2;
(3) all civil cases involving title to, or possession of, real property or an
interest therein3; and,
(4) habeas corpus cases decided by the first level court in the absence of any
Regional Trial Court Judge4.
Section 3. Permissive Referral to CAM and JDR in Other Actions – In all other
actions or proceedings where compromise is not prohibited by law and there is a
significant likelihood of settlement, either or both of the parties may, by oral
manifestation or written motion after the pre-trial/preliminary conference or at any
stage of the proceedings, request the court to refer their dispute to CAM and JDR,
provided there are still factual issues to be resolved.
Section 4. Cases not subject to compromise – The following cases shall not be
referred to CAM and JDR:
(d) cases with pending applications for restraining orders and/or preliminary
injunctions.
However, in cases covered under paragraphs (a) and (d), 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.
1
Sec. 33 of the Judiciary Reorganization Act of 1980
2
Ibid.
3
Ibid.
4
Sec. 35 of the Judiciary Reorganization Act of 1980
5
Article 2035 of the New Civil Code
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For cases covered by the Rules on Summary Procedure, the notice shall be issued
within five (5) calendar days after the last answer is filed setting the preliminary
conference not later than thirty (30) calendar days from the filing of the last
responsive pleading.
The notice of pre-trial/preliminary conference shall include the dates set for (a)
Pre-trial/Preliminary Conference, (b) Court-Annexed Mediation, and (c) Judicial
Dispute Resolution, if necessary.
The JDR proceedings may be conducted on the day/s civil cases are heard. For
purposes of pre-setting, two (2) dates shall be allotted for JDR.
The court shall also furnish the Office of the Clerk of Court with a copy of the
Notice of Pre-Trial/Preliminary Conference for the purpose of raffling the case to a
prospective JDR Judge should CAM fail and the Judge is convinced that
settlement is still possible.
After the raffle, the Clerk of Court shall inform both the Judge and the
prospective JDR Judge of the outcome of such raffle.
(b) In single sala courts, the Clerk of Court shall furnish the nearest court with
the Notice of Pre-Trial/Preliminary Conference stating the scheduled date
for JDR.
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(a) Orient the parties and counsels on the CAM process and inform them that
appearance in the mediation proceedings before the Philippine Mediation
Center Unit (PMCU) is mandatory and the parties are expected to
negotiate in good faith and exert earnest efforts towards settlement but
that the decision whether or not to settle their dispute is completely
voluntary and that no sanctions shall be imposed upon a party who
declines to settle during mediation;
(b) Inform the parties that mediation shall be conducted by the PMCU under
the auspices of the court, and that failure to appear before the PMCU or
any misconduct or misbehavior committed by any of the parties during the
mediation proceedings may be punished by contempt of court or cause
the imposition of sanctions as provided in Section 5, Rule 18 of the 2019
Amendments to the 1997 Rules of Civil Procedure6, or in Section 7 of the
Rules on Summary Procedure7, or under Sections 4 and 5, Part D,
Chapter 2 of these guidelines;
(c) Inform the parties that should there be no settlement during CAM, the case
may be referred to another court for the conduct of JDR if the Judge is
convinced that settlement is still possible; and,
(d) Inform the parties that the JDR Judge may conduct a non-binding early
neutral evaluation on the merits of their respective cases.
At any time before the scheduled date for JDR, the parties shall have the option to
file a joint written manifestation8 requesting the Judge to conduct JDR and not refer
the case to another Judge for such purpose, and to proceed to trial if JDR fails.
6
When duly notified, the failure of the plaintiff and counsel to appear without valid cause when so required, pursuant
to the next preceding Section, shall cause the DISMISSAL OF THE ACTION. The dismissal shall be with prejudice, unless
otherwise ordered by the court. A similar failure on the part of the defendant and counsel shall be cause to allow the
plaintiff to PRESENT HIS OR HER EVIDENCE EX-PARTE w ithin ten (10) calendar days from termination of the pre-trial,
and the court to render judgment on the basis of the evidence offered.
7
The failure of the plaintiff to appear in the preliminary conference shall be a cause for the dismissal of the complaint.
The defendant who appears in the absence of the plaintiff shall be entitled to judgment on his counterclaim in
accordance with Section 6 hereof. All cross-claims shall be dismissed.
8
Annex 2 (Joint Manifestation)
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The court may also render a separate judgment disposing of a claim after the
pre-trial/preliminary conference or at any stage, when more than one claim for
relief is presented in an action and there is already a determination of the issues
material to that particular claim and all counterclaims arising out of the transaction
or occurrence which is the subject matter of the claim.10
The court shall also furnish the Office of the Clerk of Court and the prospective
JDR Judge with a copy of the Pre-trial/Preliminary Conference Order.
9
Section 10, Rule 18 of the 2019 Amendments to the 1997 Rules of Civil Procedure
10
Section 5, Rule 36 of the 1997 Rules of Civil Procedure
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Section 2. Initial Appearance of Parties and Counsels – On the date set for
CAM, the parties and their counsels shall appear at the PMCU for mediation
proceedings. The PMCU staff shall require the parties to present proof that the
mediation fees have been paid.
If there are no mediators available in the unit, the mediator shall be chosen by lot
from the roster of mediators by the PMCU staff in the presence of the parties.
(a) Upon his/her selection or assignment, the mediator shall immediately start
the mediation process unless the parties and the mediator agree to reset
the initial mediation conference, which shall not be later than five (5) days
from the original date. The initial mediation conference may likewise be
reset when the selected mediator is not present in the PMCU.
(b) At the initial conference, the mediator shall explain to both parties the
mediation process, stating the benefits of an early settlement of their
dispute based on their mutual interests, instead of their legal positions.
(c) With the consent of both parties, the mediator may hold separate caucuses
with each party to determine their respective real interests in the dispute.
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Section 7. Disclosure and Inhibition – If at any time, the mediator discovers any
fact or circumstance that may affect his/her impartiality, he/she shall disclose the
same to the parties and inhibit herself/himself unless the parties decide in writing
to retain her/him, and he/she so agrees.
The PMCU shall submit to the referring Judge a Mediator’s Report11 on the result
of the mediation proceedings, together with a copy of the compromise agreement
and its attachments, if any, within the period provided for in Section 12, Part B of
this Chapter.
Upon receipt of the Mediator’s Report, the Judge shall evaluate the Compromise
Agreement attached thereto, if any, and after his/her evaluation, he/she may
proceed to:
11
Annex 1 (Mediator’s Report)
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(b) disapprove the agreement for being contrary to law, morals, good customs,
public order, or public policy, or upon a finding, based on a verified motion
by any party, and after hearing, that the mediation proceeding, or the
preparation of the settlement agreement had been attended by fraud,
mistake, violence or intimidation; or,
(c) if the court determines that the agreement or any portion thereof is vague,
defective or unenforceable, the court shall clarify the intentions of the
parties and direct them to amend the same accordingly.
In the situations described in paragraphs (b) and (c) above, the court may, in lieu
of disapproval or amendment of the agreement, determine whether to refer the
case to JDR or proceed to trial.
Section 11. Non-settlement in CAM – If the parties do not settle during CAM, the
PMCU staff shall, within the period provided for under the succeeding section,
submit a Mediator’s Report to the court specifying the results of the mediation.
In case of partial settlement, the Judge shall refer the unsettled part of the dispute
to the JDR Judge, if convinced that settlement is still possible.
(a) In multiple sala courts, the Judge shall refer the case to the JDR Judge
previously determined through raffle by the Office of the Clerk of Court12.
Notwithstanding the foregoing, at any time before the scheduled date for
JDR, the parties may file a joint written manifestation13 requesting the
Judge to proceed with the conduct of JDR despite confidential information
that may be divulged during the JDR proceedings subject to the condition
that if JDR does not succeed, the Judge shall continue with the case.
(b) In first level single sala courts, the JDR proceedings shall be conducted by
the judge of the nearest first level court as determined by the concerned
Executive Judge. However, if the nearest court is a second level court
with multiple branches, the case may be referred to the said court,
regardless of the level of the latter court.
In single sala RTC courts, the JDR proceedings shall be conducted by the
judge of the nearest court as determined by the concerned Executive
Judge, regardless of the level of the latter court.
The JDR proceedings shall be conducted at the station where the case
was originally filed.
Notwithstanding the foregoing, at any time before the scheduled date for
JDR, the parties may file a joint written manifestation requesting the Judge
to proceed with the conduct of JDR despite confidential information that
may be divulged during the JDR proceedings subject to the condition that
if JDR does not succeed, the Judge shall continue with the case.
12
See Sec.1 (paragraph 6), Part A of Chapter 2
13
Annex 2 (Joint Manifestation)
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(2) If there are two or more Family Court or Special Commercial Court,
the case shall be referred for JDR to the Judge previously
determined through raffle by the Office of the Clerk of Court.
When there is no designated special court in multi-sala courts, family court cases
and commercial cases shall be treated as regular cases for purposes of referral to
another Judge for JDR.
Section 3. Duration – The JDR Judge shall conduct the JDR proceedings
immediately upon receipt of the referral order and terminate the proceedings
within a non-extendible period of fifteen (15) calendar days from receipt of the said
referral order. If the parties fail to settle during the first JDR session, the JDR
Judge shall set the case for another JDR session, provided that the 15-day period
has not lapsed.
If the parties file a joint written manifestation16 for the Judge to conduct JDR,
he/she shall immediately do so either from receipt of the notice of failure of CAM
or the said joint manifestation, which process shall not exceed a period of fifteen
(15) days from receipt of such notice or manifestation.
15
See Sec.1 (6), Part A of Chapter 2
16
Annex 2 (Joint Manifestation)
16
Ibid.
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In all instances, the case record shall remain with the Judge but in multi-sala
courts, only the referral order, including a copy of the Complaint, Answer, Pre-trial
Order, and the Mediator’s Report, shall be forwarded to the JDR Judge.
Section 5. How conducted – If the parties do not settle their dispute during CAM,
the parties and their respective counsels shall appear on the scheduled date
before the JDR Judge, who shall then conduct the JDR process as mediator,
conciliator, and/or neutral evaluator to actively assist and facilitate negotiations
among the parties for them to settle their dispute.
As mediator and conciliator, the JDR Judge facilitates the settlement discussions
between the parties and tries to reconcile their differences.
As a neutral evaluator, the JDR Judge assesses the relative strengths and
weaknesses of each party's case and makes a non-binding and impartial
evaluation of the chances of each party's success in the case so that he/she may
guide the parties to a fair and mutually acceptable settlement of their dispute.
Section 7. Settlement in JDR – If the case is settled in JDR, the JDR Judge shall
accomplish the JDR Report18 and return the case to the Judge for appropriate
action.
(a) If full settlement is reached, the parties, who may be assisted by their
respective counsels, shall draft the compromise agreement, which shall be
submitted to the Judge for judgment upon compromise, enforceable by
execution.
(b) Where full compliance with the terms of the compromise agreement is
forthwith made, the parties, instead of submitting a compromise agreement,
shall submit a satisfaction of claims or a mutual withdrawal of the parties’
respective claims and counterclaims on the basis of which, the Judge shall
issue an order declaring the case terminated.
17
Sec. 1, paragraph (a) i, Rule 30 on Trial provides, in part, to wit: “Plaintiff shall be allowed to present its evidence
within a period of three (3) months or ninety (90) calendar days which shall include the date of the judicial dispute
resolution, if necessary.
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18
Annex 3 (JDR Report)
(c) If partial settlement is reached, the parties shall, with the assistance of their
respective counsels, submit the terms thereof for the approval of the
Judge and rendition of a judgment upon partial compromise, which may
be enforced by execution without waiting for resolution of the unsettled
part. In relation to the unsettled part of the dispute, the case shall proceed
to trial until judgment.
To ensure the equitable distribution of cases, the JDR Judge shall be entitled to a
credit for every successfully settled case in JDR hence, shall be exempt from
receiving a newly-filed case during raffle equivalent to the number of cases settled
during JDR. This is regardless of any action which the Judge to whom the case
was originally filed may take on the settlement reached by the parties before the
JDR Judge.
Section 8. Non-settlement in JDR – If the case is not settled in JDR, the JDR
Judge shall accomplish the JDR Report19 and return the case to the Judge for
appropriate action.
(b) In small claims cases, Section 23 of the Revised Rules of Procedure for
Small Claims Cases, as amended, shall apply.
19
Annex 3 (JDR Report)
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1. Appearance of Parties
An individual party may be represented only for a valid cause, such as acts of
God, force majeure, or duly substantiated physical inability. The representative
shall be fully authorized, through a Special Power of Attorney, to appear and to
offer, negotiate, accept, decide, and enter into a compromise agreement, without
need of further approval by or notification to the authorizing parties.
(a) In case of failure of the representative during CAM to bring the required
authorization or, having full authority, refuses to exercise the same or
claims that further approval from their principal is needed, the Mediator
may reset the proceedings within the 30-day period referred to in Section
8, Part B of this Chapter.
(b) In case of failure of the representative during JDR to bring the required
authorization without valid cause or having full authority, refuses to
exercise the same or claims that further approval from their principal is
needed, the said principal shall be deemed absent and the JDR
proceedings shall be terminated. The JDR Judge shall transmit the JDR
Report to the referring Judge indicating the outcome of the JDR and any
appropriate recommendation.
2. Sanctions
Section 5. Imposable sanctions – The trial court shall impose the following
sanctions20:
(a) dismissal of the case, when there is failure of the plaintiff and counsel to
appear without valid cause when so required; or,
(b) ex parte presentation of plaintiff’s evidence and dismissal of defendant’s
counterclaim when there is failure of the defendant and counsel to appear
without valid cause when so required
The court may likewise impose other sanctions, including but not limited to:
(a) censure;
(b) reprimand;
(c) contempt; or
(d) reimbursement by the absent party of the costs of the appearing party,
including attorney’s fees for that day up to treble such costs, payable on
or before the date of the re-scheduled setting.
3. Confidentiality
The mediator or JDR Judge shall not, in any manner, record the proceedings. No
transcript or minutes of mediation proceedings shall be taken. If personal notes
are taken for guidance, the notes shall be destroyed. Should such records exist,
the same shall also be privileged and confidential.
20
Sec. 5, Rule 18 of the 2019 Amendments to the 1997 Rules of Civil Procedure
21
Sec. 9, paragraph 3, Rule 18, supra
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Further, the JDR Judge shall not pass any information obtained in the course of
conciliation and early neutral evaluation to any other Judge or to any other person.
This prohibition shall apply to all court personnel, or to any other person present
during such proceedings, or who obtained any information on the case. All JDR
conferences shall be conducted in private.
4. Role of Lawyers
(a) Notify the party he/she represents of the schedule of CAM and JDR as
mandated under Section 3, Rule 18 of the 2019 Amendments to the
1997 Rules of Civil Procedure and ensure their appearance.
(b) Explain the mediation process to their clients, help them understand its
benefits, and encourage them to assume greater personal responsibility
in making decisions to resolve the dispute. They shall also discuss with
their clients the following:
(a) Within fifteen (15) days from receipt of the memorandum on appeal and
without prejudice to the filing of an appellee’s brief, the RTC Judge shall
determine if settlement is still possible.
(b) Upon determination by the RTC Judge that settlement is still possible, and
with the written conformity of the parties through an Agreement to
Mediate22, the RTC Judge shall issue an Order setting the case for JDRA.
(c) The Order shall require the parties to attend in person or, in the case of
corporate litigants, through a duly authorized representative as required
under Sections 1 and 2, Part D, Chapter 2 of these Rules.
(d) If the RTC Judge should determine that settlement is not possible, he/she
shall proceed to render judgment on appeal.
Section 3. Conduct of JDRA – On the date set in the order, the RTC Judge shall
exert all efforts to resolve the dispute through JDRA but shall not conduct neutral
evaluation. Any settlement shall be in writing, signed by the parties and approved
by the RTC Judge.
Section 4. Duration of JDRA proceedings – The RTC Judge shall have a period
of not exceeding fifteen (15) days to complete the JDR proceedings. Such period
shall be computed from the date when the parties first appeared for the initial
conference as stated in the order to appear. An extended period of another fifteen
(15) days may be granted by the court upon joint written motion filed by both
parties on the ground that settlement is likely to be concluded. The Court shall
make available samples/templates of agreements to assist the parties in preparing
their agreement.
22
Annex 4 (Agreement to Mediate)
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Where compliance with the terms of the compromise is forthwith made, the parties
shall instead submit a mutual satisfaction of claims and counterclaims or a mutual
withdrawal of the appeal.
If partial settlement is reached, the parties shall, with the assistance of their
respective counsels, submit the terms thereof for the court’s verification and
approval, and rendition of a judgment upon partial compromise. The court shall
proceed to render a decision as to the unsettled portion within the prescribed
period.
Section 6. Non-settlement in JDRA – If JDRA fails, the RTC Judge shall issue
an order declaring a failure of JDR and render a decision within the prescribed
period.
Section 7. Action to be taken when the First Level Court dismisses the case
for lack of jurisdiction - Referral to CAM – In cases where the RTC Judge
affirms on appeal the order of dismissal for lack of jurisdiction, and the RTC Judge
finds the case within his/her jurisdiction, instead of trying the case on the merits as
provided for under the first paragraph of Section 8, Rule 40 of the Rules of Court,
shall, after the issues have been joined, issue an Order referring the parties to
CAM if the case was not previously referred to CAM, subject to the payment of the
appropriate docket and mediation fees. If CAM fails, the court shall proceed in
accordance with Part C, Chapter 2 of these Rules.
For cases falling under the second paragraph of Sec. 8, Rule 40 of the Rules of
Court, the RTC judge shall proceed to conduct JDR in accordance with Part C,
Chapter 2 of these Rules.
Section 1. Cases with Applications for Provisional Remedies - In cases with
applications for the issuance of a temporary restraining order, writ of preliminary
injunction, or other provisional remedies, including cases when the Judge opts to
conduct hearing on a prayer for the issuance of writ of replevin or writ of
attachment, such applications shall first be resolved by the Judge before referral
to CAM.
Section 2. Cases with Applications for Other Reliefs – All other incidents or
motions filed before the Pre-Trial/Preliminary Conference shall likewise be
resolved by the Judge before referral to CAM.
In these instances, if CAM fails, the case shall be referred to another Judge for
JDR if the Judge is convinced that settlement is still possible. After the termination
of JDR proceedings, the case shall be returned to the referring Judge for
appropriate action.
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Section 2. Posting and Circulation – These new guidelines on CAM and JDR
shall be posted on the bulletin boards in the halls of justice of all first and second
level courts and all offices of the Integrated Bar of the Philippines, and in the
websites of the Supreme Court, OCA, and PHILJA.
The PMCO shall ensure that these new guidelines are circulated in all PMC Units
nationwide.