Alternative Dispute Resolution

Motion For Reconsideration, Appeal and Certiorari

1. What are the instances in which a motion for reconsideration may be filed
by an aggrieved party by a ruling of the RTC in an ADR related
proceeding?

A party may ask the Regional Trial to reconsider its ruling on the
following:

That the arbitration agreement is inexistent, invalid or

unenforceable pursuant to Rule 3.10 (B);
Upholding or reversing the arbitral tribunals jurisdiction pursuant to
Rule 3.19;
Denying a request to refer the parties to arbitration;
Granting or denying a party an interim measure of protection;
Denying a petition for the appointment of an arbitrator;
Refusing to grant assistance in taking evidence;
Enjoining or refusing to enjoin a person from divulging confidential
information;
Confirming, vacating or correcting a domestic arbitral award;
Suspending the proceedings to set aside an international
commercial arbitral award and referring the case back to the
arbitral tribunal;
Setting aside an international commercial arbitral award;
Dismissing the petition to set aside an international commercial
arbitral award, even if the court does not recognize and/or
enforce the same;
Recognizing and/or enforcing, or dismissing a petition to recognize
and/or enforce an international commercial arbitral award;
Declining a request for assistance in taking evidence;
Adjourning or deferring a ruling on a petition to set aside, recognize
and/or enforce an international commercial arbitral award;
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Motion For Reconsideration, Appeal and Certiorari

Recognizing and/or enforcing a foreign arbitral award, or refusing

recognition and/or enforcement of the same; and
Granting or dismissing a petition to enforce a deposited mediated
settlement agreement.

2. What is the period for filing a motion for reconsideration?

A motion for reconsideration may be filed with the Regional Trial
Court within a non-extendible period of fifteen (15) days from
receipt of the questioned ruling or order.

3. Why is ordinary appeal to the Court of Appeals under Rule 41 not a

remedy for an aggrieved party over a decision of an RTC in an ADR
related proceedings?
Ordinary appeal, such as that taken to the Court Of Appeals from
a decision of the Regional Trial Court rendered in the exercise of its
original exclusive jurisdiction, is not available under the Special ADR
Rules. The Regional Trial Court, in passing judgment over actions
involving ADR is not exercising its original jurisdiction. Rather, it is
acting as a review court for decisions, orders and awards of the
arbitral tribunals. Hence, ordinary appeal to the Court of Appeals is
not an available remedy.

4. What are the instances when a petition for review may be availed of by
an aggrieved party over a decision of the RTC in an ADR related
proceedings?
 Alternative Dispute Resolution
Motion For Reconsideration, Appeal and Certiorari

An appeal to the Court of Appeals through a petition for review under

this Special Rule shall only be allowed from the following final orders of
the Regional Trial Court:

Granting or denying an interim measure of protection;

Denying a petition for appointment of an arbitrator;
Denying a petition for assistance in taking evidence;
Enjoining or refusing to enjoin a person from divulging confidential
information;
Confirming, vacating or correcting/modifying a domestic arbitral
award;
Setting aside an international commercial arbitration award;
Dismissing the petition to set aside an international commercial
arbitration award even if the court does not decide to recognize or
enforce such award;
Recognizing and/or enforcing an international commercial
arbitration award;
Dismissing a petition to enforce an international commercial
arbitration award;
Recognizing and/or enforcing a foreign arbitral award;
Refusing recognition and/or enforcement of a foreign arbitral
award;
Granting or dismissing a petition to enforce a deposited mediated
settlement agreement; and
Reversing the ruling of the arbitral tribunal upholding its jurisdiction.
5. What are the legal effects of the filing of such petition for review? How
does this differ with Rule 42 of the 1987 Rules of Civil Procedure?
The filing of appeal (petition for review) under ADR proceedings
shall not stay the award, judgment, final order or resolution sought
to be reviewed unless the Court of Appeals directs otherwise.
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Motion For Reconsideration, Appeal and Certiorari

On the other hand, in Petition for Review under Rule 42 of the 1987
Rules of Civil Procedure the filing of such appeal stays the
judgment or final order appealed from.

6. When can a special civil action for certiorari under the Special ADR Rules
be availed of?
Special Civil Action for Certiorari can be availed of by a party
when the Regional Trial Court, in making a ruling under the Special
ADR Rules, has acted without or in excess of its jurisdiction, or with
grave abuse of discretion amounting to lack or excess of
jurisdiction, and there is no appeal or any plain, speedy, and
adequate remedy in the ordinary course of law, to annul or set
aside a ruling of the Regional Trial Court.

7. A Special civil action for certiorari under the special ADR Rules is akin to
Rule 65 of the 1997 Rules of Civil Procedure? How are they different from
each other?
The petition for certiorari under Rule 65 of the 1997 Ruled of Civil
Procedure can cover any and all kinds of grave abuse of discretion
committed by a tribunal, board or officer exercising judicial or
quasi-judicial functions, while the special civil action for certiorari
under the Special ADR Rule is limited to grave abuse of discretion in
the following orders of the RTC. Under Rule 65, the petition can be
filed within 60 days from notice of the judgment, order or resolution
sought to be assailed, in the Special ADR rules the petition can only
be filed within 15 days without the benefit of any extension of time
to file. Unlike the petition under Rule 65 allows the institution of
 Alternative Dispute Resolution
Motion For Reconsideration, Appeal and Certiorari

petitions for certiorari from orders or judgments of any inferior

courts, the Special ADR Rules speak only of such petitions to the
Court of Appeals from orders, decisions or judgments of the RTC in
ADR related cases.

8. When is an appeal by certiorari to the Supreme Court under the Special

ADR Rules availed of?
The appeal by certiorari under the Special ADR Rules is grounded
on pure questions of law. The petition can be availed in the
following instances:

a. Failed to apply the applicable standard or test for judicial

review prescribed in these Special ADR Rules in arriving at
its decision resulting in substantial prejudice to the
aggrieved party;
b. Erred in upholding a final order or decision despite the lack
of jurisdiction of the court that rendered such final order or
decision;
c. Failed to apply any provision, principle, policy or rule
contained in these Special ADR Rules resulting in
substantial prejudice to the aggrieved party; and
d. Committed an error so egregious and harmful to a party as
to amount to an undeniable excess of jurisdiction.

9. An appeal by certiorari to the Supreme Court is akin to Rule 45 of the 1997

Rules of Civil Procedure. Make a comparison.
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Motion For Reconsideration, Appeal and Certiorari

Under the Special ADR Rules the petitions for review on certiorari
from the resolutions and decisions of the Court of Appeals to the
Supreme Court, it is silent on the availability of a petition for review
on pure questions of law direct from the RTC to the Supreme Court
which is allowed under Rules 45 of the 1997 Rules of Civil Procedure.