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TABLE OF CONTENTS JDR GUIDE THE JDR GUIDE Operations Manual For Judicial Disput

TABLE OF CONTENTS JDR GUIDE THE JDR GUIDE Operations Manual For Judicial Dispute Resoluton (JDR) in the First And Second Level Courts of the Philippine Judicial System (Feb. 10, 2006 ver.) Foreword i I. JDR Flow Charts 1 A. Flow Chart for Civil Cases undergoing JDR B. Flow Chart for Criminal Cases undergoing JDR C. Flow Chart for Commercial Courts Cases undergoing JDR II. Scope of Mediatable Cases for JDR 5 III. The JDR Process 7 A. Preparing for JDR Case management during Court Annexed Mediation Receiving the Case for JDR B. Opening Statement C. JDR Proper D. Settlement of Cases through JDR E. Non-settlement of Cases through JDR IV. Techniques for a Successful JDR 14 V. Situations, Strategies and Options 17 VI. Ethics 22 VII. Social Context Issues 23 VIII. Data Gathering and Performance Management 24 Appendix Annex A: Sample Opening Statement 26 Annex B: Circulars 29 A.M. No. 04-1-12-SC – Guidelines for the implementation of an enhanced pre-trial proceeding through conciliation and neutral evaluation Proposed Circular amending A.M. No. 04-1-12-SC for the implementation of an enhanced pre-trial proceeding under the Justice Reform Initiatives Support (JURIS) Project TABLE OF CONTENTS JDR GUIDE Annex C: Sample Forms 38 PMC Form 1-A – Order to Referral to PMC with Disclosure Form Form No. 1- Disclosure Form – on cases related to or connected with the case under JDR Form No. 2 – Notice to Parties for JDR Conference Form No. 3 - Order of Referral to PMC for Court Annexed Mediation with Predetermined Date for JDR Conference Form No. 4- Brief on CAM and JDR for Lawyers Form No. 5- Waiver on the Right to Re-assignment of Case for Purposes of Trial FOREWORD JDR GUIDE i FOREWORD Background on JDR. The Judicial Dispute Resolution (JDR) feature of the ADR Model Courts under the JURIS Project represents a major innovation in Philippine court procedure that is currently being pilot tested in five court sites in the country (San Fernando Pampanga, Bacolod City, San Fernando La Union, Cagayan de Oro and Baguio City). By introducing JDR into the Philippine court system, it is hoped that mediation and conciliation at the level of the judge would contribute significantly to the resolution of mediatable cases, thereby increasing the satisfaction of litigants in the court process and also helping to decongest the dockets of the judiciary. Objectives. This JDR Guide has been formulated to increase the understanding of the judges in the model court sites on the process of JDR, the best practices that could be adopted and also as an educational tool for judges involved in both court annexed mediation (CAM) and JDR. How to Use this Guide. This JDR Guide is intended as a handy reference, a personal aid for the use of all judges involved in JDR. It has been divided into tabbed sections that reflect the concerns of judges. It presents the general guidelines that judges may follow for the entire JDR process as well as various issues and concerns that impinge on that process. For easy reading, the texts for Parts II, III, and IV have been written using key words, phrases, and short paragraphs and sentences. While this Guide prescribes the fixed sequential steps for JDR, the judge is allowed some flexibility during the JDR process to apply his/her own personal style and approaches that he/she deems best under certain conditions, provided these are not in conflict with the principles of JDR. Where appropriate, the legal basis for the JDR process and roles of the JDR judge have been cross-referenced with footnotes. The relevant issuances and documents have been reproduced in the appendix for reference. Where some aspects of the Guide are still proposals awaiting Supreme Court approval, such has been indicated. A Note on Reflective Practice. Considering that JDR is being pilot-tested, there is a need for judges involved to continually reflect on what has been done and what is being practiced in order to refine JDR and make adjustments for increased effectiveness. To facilitate this, some writing space has been allotted on the right side of the page where the judge may write his/her insights, observations and suggestions for a better application of JDR. SCOPE OF MEDIATABLE CASES JDR GUIDE 5 II. SCOPE OF MEDIATABLE CASE FOR JDR A. Mediatable Cases Under AM No. 01-10-5-SC-PHILJA 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; 2. Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law; 3. The civil aspect of B.P. 22 cases; 4. The civil aspect of quasi-offenses under Title 14 of the Revised Penal Code. Under the revised Rule 141 on legal fees which took effect August 16, 2004 5. The civil aspect of estafa and libel Under the proposed circular amending A.M. No. 04-1-12-SC 6. Theft of small property considered as shoplifting B. Cases covered by the Rule on Summary Procedure 1. Ejectment and unlawful detainer/ forcible entry; 2. Money claims where the amount involved is not more than Php 100,000.00; 3. Criminal cases like violation of traffic law, rules and regulations; 4. Violation of municipal or city ordinance; and, 5. Other criminal offenses where the penalty prescribed by law for the offense charged does not exceed one (1) year imprisonment or a fine not exceeding Php 5,000.00 or both fine and imprisonment. N.B: Items (3) and (4) although included in the list of cases under summary procedure, should not be mediated for the following reasons: i. There are criminal offense which cannot be compromised; and ii. It might be a source of corruption if mediation pushes through. SCOPE OF MEDIATABLE CASES JDR GUIDE 6 C. Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law; The Lupon of each Barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes. EXCEPTIONS: 1. Where one (1) party is the government or agency or instrumentality thereof; 2. Where one (1) party is a public officer or employee, and the dispute relates to the performance of this official function; 3. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding five (5) thousand pesos (Php 5,000.00) or both; 4. Offenses where there is no private offended party; 5. Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon; 6. Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangays adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon; and, 7. Such other cases or disputes that the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice D. Quasi Offenses Examples of quasi offenses: 1. Cases covered are acts committed by reckless or simple imprudence or negligence resulting for example in slight, less serious or serious physical injuries; 2. Imprudence resulting in damage to property; and, 3. Reckless or simple imprudence with violation of the motor vehicle law. THE PROCESS OF JDR JDR GUIDE 7 III. THE PROCESS OF JUDICIAL DISPUTE RESOLUTION (JDR) START The actual JDR process starts from the time the Branch Clerk of Court receives the Mediator’s Report of a “Not Settled” mediation. END The end of the JDR process consists of the disposition of the case after the JDR, either in a judgment approved by the court through compromise agreement, or the referral of the case to the Office of the Clerk of Court, for raffle to the trial judge, for purposes of pre-trial proper and trial. A. Preparing for JDR 1. Case management during CAM 1.1. Cases that are well managed during court annexed mediation would result in fewer cases going to JDR. 1.2. ORIENTATION The judge should orient the parties on the function of court annexed mediation and JDR prior to referral to the PMC, especially in cases where the lawyers or the parties seem not to be aware of the referral procedure. 1.3. CHECKLIST prior to referral of the case to CAM pre-trial briefs submitted by parties? Mediation fees paid? Other cases related to the case at bar in other courts, which may affect the mediation/ JDR process? 1.4. DISCLOSURE OF OTHER CASES The judge may utilize the sample PMC Form 1-A which serves several purposes: • Refers the case to the PMC for mediation • Requires the parties to disclose other cases which are pending and which are related to, or will materially affect, the ongoing mediation. (See Sample Form PMC Form 1-A) 1.5. BRIEF ON CAM AND JDR The judge may also make available a brief on CAM/JDR for the information of lawyers seemingly unaware of the process. (See Sample Form No. 4) THE PROCESS OF JDR JDR GUIDE 8 1.6. uploads/S4/ jdr-guide.pdf