LAW EACH WEEK
Mediation
by Atty. Karissa Tolentino

WHAT IS COURT-ANNEXED MEDIATION AND JUDICIAL DISPUTE RESOLU TION?

Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) are the tools the Court has implemented to put an end to pending litigation through a compromise agreement of the parties and thereby help solve the ever-pressing problem of court docket congestion. The Supreme Court, on January 11, 2011, issued A·M. No, 11-1- 6-SC- PHILJA, publishing the “CONSOLIDATED AND REVISED GUIDELINES TO IMPLEMENT THE EXPANDED COVERAGE OF COURTANNEXED MEDIATION (CAM) AND JUDICIAL DISPUTE RESOLUTION (JDR).” Basically, the parties for cases covered by CAM and JDR has to undergo a three-stage mediation process to give them a chance to settle the dispute between themselves without going to trial proper or even during the appeal stage.

2 DOES CAM AND JDR COVER CRIMINAL CASES? Yes, but only for the civil liability arising from the crime. The Supreme Court noted that Article 2034 of the New Civil Code provides that “There may be a compromise upon the civil liability arising from the offense, but such compromise shall not extinguish the public action for the imposition of the legal penalty.” The said provision do not distinguish between less grave offenses and more serious offenses. Presumably therefore, the allowed compromise of civil liability applies to all crimes, subject only to the policy considerations of deterrence variables arising from the celerity, certainty and severity of punishment actually imposed. (p.6, A·M. No, 11-1- 6-SCPHILJA)

3 WHAT ARE THE CASES COVERED BY CAM AND JDR? The following cases shall be 1) referred to Court-Annexed Mediation (CAM) and 2) be the subject of Judicial Dispute Resolution (JDR) proceedings:

(1) All civil cases and the civil liability of criminal cases covered by the Rule on Summary Procedure, including the civil liability for violation of B.P. 22, except those which by law may not be compromised;

(2) Special proceedings for the settlement of estates;

(3) All civil and criminal cases filed with a certificate to file action issued by the Punong Barangay or the Pangkat ng Tagapagkasundo under the Revised Katarungang Pambarangay Law.

(4) The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;

(5) The civil aspect of less grave felonies punishable by correctional penalties not exceeding 6 years imprisonment, where the offended party is a private person;

(6) The civil aspect of estafa, theft and libel;

(7) All civil cases and probate proceedings, testate and intestate, brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (1) of the Judiciary Reorganization Act of 1980;

(8) All cases of forcible entry and unlawful detainer brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (2) of the Judiciary Reorganization Act of 1980;

(9) All civil cases involving title to or possession of real property or an interest therein brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par.(3) of the Judiciary Reorganization Act of 1980; and

(10) All habeas corpus cases decided by the first level courts in the absence of the Regional Trial Court judge, that are brought up on appeal from the special jurisdiction granted to the first level courts under Section 35 of the Judiciary Reorganization Act of 1980; The following cases shall not be referred to CAM and JDR:

1. Civil cases which by law cannot be compromised (Article 2035, New Civil Code);

2. Other criminal cases not covered under paragraphs 3 to 6 above; (To be continued)


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