MODULE 1: ADR FUNDAMENTALS

ADR FUNDAMENTALSCODAL APPROACH

ALTERNATIVE DISPUTE RESOLUTION2ND SEMESTERAY 2014-2015

OUTLINE 11-22-2014 LECTURE

• PRELIMINARIES• 1ST PRE-TEST • DISCUSSION OF ANSWERS• LESSON PROPER: CHAPTER 1 OF THE ADR LAW

1st PRETEST 11-22-2014

CHAPTER 1 OF ADR LAW• Talks about the General Provisions of the Law

• Covers 6 Sections- 1 refers to Title- 2 refers to Declaration of

Policy- 3 refers to Definition of

Terms- 4 refers to the applicability

of the concept of E-signatures in Global and E-Commerce Act vis ADR Law

CHAPTER 1 OF ADR LAW• Talks about the General Provisions of the Law

• Covers 6 Sections- 5 refers to Liability of ADR

Provider and Practitioner, and - 6 refers to the Exceptions

insofar as the ADR law application

CHAPTER 1 OF ADR LAW• Section 1 - Title

Provides for the short title of the law which is Alternative Dispute Resolution Act of 2004.

CHAPTER 1 OF ADR LAW• Section 2 – Declaration of

Policy5 Important Concepts:- Party Autonomy- Twin Reasons for the enactment of ADR Law

- ADR as an efficient tool and alternative procedure for the resolution of appropriate cases.

CHAPTER 1 OF ADR LAW• Section 2 – Declaration of

PolicyImportant Concepts:- Private Sector’s role in the ADR

- Harmonization of ADR initiatives in the 3 Government Branches

CHAPTER 1 OF ADR LAW• Section 5 – Liability of ADR

Provider and PractitionerADR Provider (Sxn 3b)means INSTITUTIONS or PERSONS-1. accredited as mediator, conciliator, arbitrator, neutral evaluator, or any person exercising similar functions in any Alternative Dispute Resolution system.


Provider and PractitionerADR Provider (Sxn 3b)means INSTITUTIONS or PERSONS-1. non-accredited individuals to act as mediator, conciliator, arbitrator, or neutral evaluator of the dispute as chosen by the parties


Provider and PractitionerADR Practitioners (Sxn 3b-last sentence)refer to INDIVIDUALS-• acting as mediator, conciliator, arbitrator or neutral evaluator.

CHAPTER 1 OF ADR LAW• Section 5 – Liability of ADR Provider and

PractitionerLIABILITY-civil liability as that of a Public Officer

When will the ADR Provider and Practitioner incur civil liability as that of a Public Officer?

EO 292 Book 1 Chapter 9, Sxn 38 (1) gives the answer.


Provider and PractitionerEO 292 Book 1 Chapter 9, Sxn 38 (1)GR: A public officer shall not be civilly liable for acts done in the performance of his official duties


Provider and PractitionerEO 292 Book 1 Chapter 9, Sxn 38 (1)EXCEPTION: unless there is a clear showing of bad faith, malice or gross negligence.

End of 11-22-2014 lecture

CHAPTER 1 OF ADR LAW• END OF 11-22-2014 LECTURE• NEXT MEETING:- 2ND PRETEST 11-29-2014- CONTINUE THE LECTURE

OUTLINE 11-29-2014 LECTURE

• PRELIMINARIES• 2ND PRE-TEST • DISCUSSION OF ANSWERS• LESSON PROPER: CHAPTER 1 OF THE ADR LAW

2ND PRETEST 11-29-2014

CHAPTER 1 OF ADR LAW• Section 4 – E-Signatures in Global

and E-Commerce ActRA 9782 E-COMMERCE ACT OF 2002

Subject MatterCopyright and Related Rights (Neighboring Rights), Domain Names, Enforcement of IP and Related Laws, Patents (Inventions), Trademarks

CHAPTER 1 OF ADR LAW• Section 4 – E-Signatures in

Global and E-Commerce ActRA 9782 E-COMMERCE ACT OF 2002

Important thing to remember: The notification by Philippines to the WTO under article 63.2 of TRIPS Agreement:


Global and E-Commerce ActRA 9782 E-COMMERCE ACT OF 2002

ELECTRONIC SIGNATURE: WHEN IS A SIGNATURE DEEMED ELECTRONIC UNDER THE LAW?


Global and E-Commerce Act

Concept of Authentication (Sxn 3c)

WHEN IS THERE AUTHENTICATION UNDER THE ADR LAW?

CHAPTER 1 OF ADR LAW• Section 4 – E-Signatures in Global

and E-Commerce ActIRR RA 9782 E-COMMERCE ACT OF 2002

PROMOTION OF ADR INSOFAR AS E-COMMERCE ACT OF 2002

PART V FINAL PROVISIONS SXN 44 PAR(B)i


Global and E-Commerce ActSC RULES ON ELECTRONIC EVIDENCE

ELECTRONIC SIGNATURE VS DIGITAL SIGNATURE

Is a digital signature a subset of electronic signature or vice-

versa?


Global and E-Commerce ActSC RULES ON ELECTRONIC EVIDENCE

RULE VI ON DISPUTABLE PRESUMPTIONS VIS-À-VIS E-SIGNATURES AND DIGITAL

SIGNATURES

CHAPTER 1 OF ADR LAW• Section 6 – Exceptions to the

Application of ADR LawEight exceptions:1.labor disputes covered by

Presidential Decree No. 442 and its IRR

2.civil status of persons3.the validity of a marriage4.any ground for legal separation


Application of ADR LawEight exceptions:5. the jurisdiction of courts6. future legitime7. criminal liability8. those which by law cannot be compromised.


Application of ADR LawException #1: Labor Disputes

WHEN IS A THERE A LABOR DISPUTE?EXAMPLES OF LABOR DISPUTES.SINGLE ENTRY APPROACH (SEnA)

CHAPTER 1 OF ADR LAW• Section 6 – Exceptions to the Application

of ADR LawException #1: Labor Disputes

SINGLE ENTRY APPROACH (SEnA)(D.O. No. 107, Series of 2010)R.A. 10396 March 14, 2013

An Act Strengthening Conciliation-Mediation as a Voluntary Mode of Dispute Settlement for all Labor Cases, amending for this

purpose Article 228 of PD 442, as amended.


Application of ADR LawException #2: Civil Status

The marital status of each individual in relation to the marriage laws or customs

of the country, i.e. never married, married, widowed and not remarried,

divorced and not remarried, married but legally separated, de facto union.


Application of ADR LawException #3: Validity of Marriage

Essential RequisitesFormal Requisites

Effect of absence of any of the Essential or Formal Requisites

Effect of defect in any of the Essential or Formal Requisites

CHAPTER 1 OF ADR LAW• Section 6 – Exceptions to the Application of

ADR LawException #4: Grounds for Legal Separation

legal separation merely the separation of spouses from bed and board. (Article 63 Family Code)

While it permits the partial suspension of marital relations, the marriage bond still exists as the marital bonds are not severed as in the case of annulment or petition for nullity.


ADR LawException #5: Jurisdiction of Courts

JurisdictionPower or authority given by the law to a court or tribunal to hear and determine certain controversies

Power of courts to hear and determine a controversy involving rights which are demandable and enforceable


ADR LawException #6: Future Legitime

In Civil law and Roman law, the legitime (legitima portio), also known as a forced share or legal right share, of a decedent's estate is that portion of the estate from which he cannot disinherit his children, or his parents, without sufficient legal cause. The word comes from French héritier légitime, meaning "rightful heir."


Application of ADR LawException #7: Criminal Liability

The liability that arises out of breaking a law or committing a criminal act.


Application of ADR LawException #7: Those which by law cannot be compromiseExamples: Annulment of MarriageNullity of Marriage

Distinguish Annulment from Nullity Petitions.End of 11-22-2014 lecture

CHAPTER 1 OF ADR LAW• END OF 11-29-2014 LECTURE• NEXT MEETING:- 3rd PRETEST 12-06-2014- CONTINUE THE LECTURE

MODULE 1: ADR FUNDAMENTALS

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