Rule of Procedure For Small Claims

1. To what cases the Rule of Procedure for Small Claims applicable?

MeTC, MTCC, MTC, MCTC shall apply this rule in all actions which are:

1. PURELY CIVIL IN NATURE where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum and money; and

2. THE CIVIL ASPECT OF CRIMINAL ACTIONS, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court pursuant to Rule 111 of the Revised Rules of Criminal Procedure.

2. A was injured in a vehicular accident by reason of which he incurred P120,000.00 in medical expenses. To recover his damages, A intends to file a criminal case of Reckless Imprudence resulting in physical injuries.

a. Can he file the case under the Small Claim Procedure?

No, A cannot file under the Small Claims Procedure since the rule only covers claims where the value does not exceed P100,000.00 exclusive of interests and costs. (Sec. 2)

b. Would your answer be the same if the damages incurred is P70,000.00?

Yes, where the value of the claim does not exceed P100,000.00 exclusive of interests and costs, the claim shall be governed by the Small Claims procedure.

3. Under Small Claims Procedure can the court entertain the respondent’s defenses even if he failed to file a response within the reglementary period?

Should the defendant fail to file his response within the required period, the court by itself shall render judgment as may be warranted by the facts alleged in the Statement of Claim limited to what is prayed for. The court, however, may, in its discretion, reduce the amount of damages for being excessive or unconscionable. (Sec. 12)

4. In a small claims action, the respondent did not appear. Hence, the judge motu propio postponed the hearing since the plaintiff also did not appear. Is the judge correct.

No, the Judge should have dismissed the case. Under the Rule, the non-appearance of parties shall cause the dismissal with prejudice of both the claim and the counterclaim. (Sec. 18)

5. Within what period should the judgment in a small claims action be appealed?

Judgment in a small claims action cannot be appealed. It is final and unappealable. (Sec. 23)

6. Under the Rule of Procedure for Small Claims, how much can the court award as appearance fee for plaintiff’s counsel?

Under the Rule, no attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant. (Sec. 17)

The Judicial Affidavit Rule

1)a) To what cases the Judicial Affidavit Rule shall apply?

Applies to all actions and proceedings, and incidents requiring the reception of evidence before the courts, quasi-judicial bodies, whose rules of procedure are subject to disapproval of the Supreme Court, insofar as their existing rules of procedure contravene the provisions of this Rule, and investigating officers and bodies authorized by the SC to receive evidence, including the IBP.

b) Is the rule applicable to criminal cases?

Yes. (a) This rule shall apply to all criminal actions:(1) Where the maximum of the imposable penalty does not exceed six years;(2) Where the accused agrees to the use of judicial affidavits, irrespective of the penalty involved; or(3) With respect to the civil aspect of the actions, whatever the penalties involved are.

2) What are the contents of a judicial affidavit? (Sec. 3)

A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino accompanied by a translation in English or Filipino, and shall contain the following:(a) The name, age, residence or business address, and occupation of the witness;(b) The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the examination is being held;(c) A statement that the witness is answering the questions asked of him, fully conscious that he does so under oath, and that he may face criminal liability for false testimony or perjury;(d) Questions asked of the witness and his corresponding answers, consecutively numbered, that:(1) Show the circumstances under which the witness acquired the facts upon which he testifies;(2) Elicit from him those facts which are relevant to the issues that the case presents; and(3) Identify the attached documentary and object evidence and establish their authenticity;(e) The signature of the witness over his printed name; and(f) A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to administer the same.

3) Within what period should a judicial affidavit of witness be served and filed?

The parties shall file with the court and serve on the adverse party, personally or by licensed courier service, not later than five days before pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents one of which is the judicial affidavits of their witnesses, which shall take the place of such witnesses' direct testimonies. (Sec. 2)

In criminal cases, the prosecution shall submit the judicial affidavits of its witnesses not later than five days before the pre-trial, serving copies if the same upon the accused. (Sec. 9, par b) 4) Discuss the difference in the mode of filing and service of pleadings and papers under the Judicial Affidavit Rule and under the provisions of the rules of court.

In judicial affidavit rule, the mode of filing and service of pleading can be done personally or by licensed courier service. (sec 2 of JAR)

In the Rules of court, the mode of filing and service of pleadings can be done personally or by sending them by registered mail. (Rule 13 of Rules of court)

(DI KO SURE DARI PERO LAHI MAN AND LICENSED COURIER SERVICE SA REGISTERED MAIL NOH? PATAWAD PO. You may leaves this item blank muna, ill search for answers. )

5) Can the adverse party object to the admissibility of any testimony given in the judicial affidavit?

After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection, if any, to its admission, and the court shall immediately make its ruling respecting that exhibit. (Sec 8, par b)

6) Can the court apply the judicial affidavit rule in murder cases?

Yes. Sec 9, Par. A(2), Judicial affidavit rule will apply to cases where the accused agrees to the use of judicial affidavits, irrespective of the penalty involved. Hence, if the accused agrees that the Judicial Affidavit rule will apply, it will be applied.

7) Discuss the effect/s of non-compliance with the judicial affidavit rule.

Party who fails to submit is deemed to have waived the submission of the same. The court, however, may allow, only once, late submission, provided the delay is for a valid reason and the defaulting party pays a fine.Court shall not consider affidavit of witness who fails to appear at the scheduled hearing. Counsel who failed to appear shall be deemed to have waived his client’s right to cross-examine the witnesses there present.Judicial affidavits that do not conform with the requirements cannot be admitted as evidence. (Sec. 10)

8) Can quasi-judicial bodies which are authorized to formulate their own rules of procedure do away with the compliance of the Judicial Affidavit Rule?

No. The rules of procedure governing quasi-judicial bodies inconsistent herewith are hereby disapproved. (Sec 11, par 2)

The Rules of Procedure for Environmental Cases

1. Discuss the “precautionary principle” under the Rules of Procedure for Environmental Cases.

Precautionary principle states that when human activities may lead to threats of serious and irreversible damage to the environment that is scientifically plausible but uncertain, actions shall be taken to avoid or diminish that threat.

The precautionary principle bridges the gap in cases where scientific certainty in factual findings cannot be achieved. By applying this principle, the court may construe a set of facts as warranting either judicial action or inaction, with the goal of preserving and protecting the environment. This may be further evinced from the second paragraph of Sec. 1, Rule 20, where bias is created in favor of constitutional right of the people to a balanced and healthful ecology. In effect, this principle shifts the burden of evidence of harm away from those likely to suffer harm and onto those desiring to change the status quo.

2. Can the court order a government agency to desist from constructing a government project under the Rules of Procedure for Environmental Cases?

Yes the court can order a government agency to desist from constructing a government project by issuing the an Environmental protection order (EPO) which is an order issued by the court directing or enjoining any person or government agency to perform or desist from performing an act in order to protect, preserve or rehabilitate the environment.

3. After finding that the case is not an environmental case, the presiding judge to whom the case was raffled dismiss the case. Is the judge correct?

No, the judge is not correct. In cases where the complaint is not an environmental complaint, the presiding judge shall refer it to the executive judge for re-raffle.

4. If the plaintiff in an environmental case fails to pay the correct docket fees, can the court dismiss the case motu proprio? Can he dismiss the case upon motion of the defendant?

No, the court cannot moto proprio dismiss a care for failure to pay the correct docket fees. As stated in the rules that no docket fees is required as the petitioner shall be exempt from such payment. Even on motion of the defendant the case cannot be dismissed.

5. Under what circumstances that the judge in an environmental case issue a TEPO?

The following circumstances are instances where a judge can issue a TEPO:

a. That the matter is of extreme urgency; and

B. The application will suffer grave injustice and irreoarable injury

Long answer: If it appears from the verified complaint with a prayer for the issuance of an Environmental Protection Order (EPO) that the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury, the executive judge of the multiple-sala court before raffle or the presiding judge of a single-sala court as the case may be, may issue ex parte a TEPO effective for only seventy-two (72) hours from date of the receipt of the TEPO by the party or person enjoined. Within said period, the court where the case is assigned, shall conduct a summary hearing to determine whether the TEPO may be extended until the termination of the case. The court where the case is assigned, shall periodically monitor the existence of acts that are the subject matter of the TEPO even if issued by the executive judge, and may lift the same at any time as circumstances may warrant.

6. What court can issue TRO or writ of preliminary injunction against unlawful actions of government agencies that enforce environmental laws?

As a general rule, no court can issue a TRO or writ of preliminary injunction against lawful actions of government agencies that enforce environmental laws or prevent violations thereof. The Supreme Court is the only court which can issue such orders.

7. Discuss the difference between a Temporary Restraining Order in an ordinary civil case from the Temporary Environmental Protection Order.

Purpose: TRO - an order to maintain the status quo between or among the parties until the determination of the prayer for a writ of preliminary injunxtion. TEPO is issued if it appears from the verified complaint with a prayer for the issuance of an EPO

Effectivity: TRO is effective only for a period of 20 days from service on the party or person sought to be

Enjoined. a TEPO is effective for only seventy-two (72) hours from date of the receipt of the TEPO by the party or person enjoined

Time of filing: TRO - granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts. TEPO - before raffle or the presiding judge of a single-sala court as the case may be, may issue ex parte a TEPO.

grounds: TRO - great or irreparable injury would result to the applicant before the matter can be heard on notice, suffer grave injustice and irreparable injury. TEPO - matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury

Bond: TRO- required. TEPO – no bond

8. Is the Judicial Affidavit Rule applicable in environmental cases?

Yes, judicial affidavit rule is also applicable in environmental cases. Here, in lien of direct affidavit, affidavits marked during the pre trial shall be presented as direct examination of affiants subject to cross examination by the adverse party. (Rule 4, sec. 2, A.M. No. 09-6-8-SC)

9. What are the reliefs that may be granted by the court in a civil environmental suit?

The reliefs that may be prayed for in civil environmental cases shall include the protection, preservation or rehabilitation of the environment and the payment of attorney's fees, costs of suit and other litigation expense. It may also require the violator to submit a program of rehabilitation or restoration of the environment, the cost of which shall be borne by the violator, or to contribute to a special trust fund for that purpose subject to the control of the court. (Rule 5, section 1)

10. Discuss the concept of SLAPP suit under the Rules of Procedure for Environmental Cases?

Strategic lawsuit against public participation (SLAPP). - A legal action filed to harass, vex, exert undue pressure or stifle any legal recourse that any person, institution or the government has taken or may take in the enforcement of environmental laws, protection of the environment or assertion of environmental rights shall be treated as a SLAPP and shall be governed by these Rules.

11.How can the party prove his allegation of a SLAPP suit?

In order that an action not to be considered as SLAPP, the party must prove that it is filed NOT to harass, vex, exert undue pressure or stifle any legal recourse that any person, institution or the government has taken or may take in the enforcement of environmental laws, protection of the environment or assertion of environmental rights and which shall be supported by documents, affidavits, papers and other evidence; (Please check kung tama ba akoa answer. hahaha)

12. a) Q: What is the Writ of Kalikasan? A: It is a special remedy available to a natural or juridical person, entity authorized

by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice

the life, health or property of inhabitants in two or more cities or provinces. (Sec. 1, Rule 7)

B. In what court should the petition for issuance of the writ be filed?

The Writ of Kalikasan may be filed with:1. Supreme Court;2. Any Station of the Court of Appeals (Rule 7, Sec. 3)

C.) Can the petition be dismissed for failure to pay the correct docket fees?

No. The petitioner shall be exempt from the payment of docket fees (Rule 7, Sec. 4)

13. State the contents of a petition for Writ of Kalikasan.

Section 2. Contents of the petition. - The verified petition shall contain the following:

(a) The personal circumstances of the petitioner;(b) The name and personal circumstances of the respondent or if the name and personal circumstances are unknown and uncertain, the respondent may be described by an assumed appellation;(c) The environmental law, rule or regulation violated or threatened to be violated, the act or omission complained of, and the environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.(d) All relevant and material evidence consisting of the affidavits of witnesses, documentary evidence, scientific or other expert studies, and if possible, object evidence;(e) The certification of petitioner under oath that: (1) petitioner has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency, and no such other action or claim is pending therein; (2) if there is such other pending action or claim, a complete statement of its present status; (3) if petitioner should learn that the same or similar action or claim has been filed or is pending, petitioner shall report to the court that fact within five (5) days therefrom; and(f) The reliefs prayed for which may include a prayer for the issuance of a TEPO.14. What is the effect of general denial by respondent of the petitioner’s allegations for the issuance of Writ of Kalikasan?

Under Sec. 8, A general denial of the allegations in the petition shall be considered as an admission thereof.

15. What are the discovery measures that a party may avail of in a petition for Writ of Kalikasan:

1. Ocular inspection; or 2. Production or inspection of documents or things. (Sec. 12, Rule 7)

16. Can the SC dismiss an appeal from a judgment granting Writ of Kalikasan which was filed under Rule 45 if it raises questions of fact?

No. Under Section 16, Within fifteen (15) days from the date of notice of the adverse judgment or denial of motion for reconsideration, any party may appeal to the Supreme Court under Rule 45 of the Rules of Court. The appeal may raise questions of fact.

17. a) What is Writ of Continuing Mandamus

A writ of continuing Mandamus is a writ issued by a court in an environmental case

directing any agency or instrumentality of the government or officer thereof to perform an act or series of actsdecreed by final judgment which shall remain effective until judgment is fully satisfied.

b) Where should the petition be filed?

The petition shall be filed with the Regional Trial Court exercising jurisdiction over the territory where the actionable neglect or omission occurred or with the Court of Appeals or the Supreme Court. (Section 2, Rule 8)

18. Can a private prosecutor appear in the prosecution for a violation of an environmental law even if there is no named offended party? If so, under what condition/s if any?

Section 3. Special prosecutor. - In criminal cases, where there is no private offended party, a counsel whose services are offered by any person or organization may be allowed by the court as special prosecutor, with the consent of and subject to the control and supervision of the public prosecutor.

19. Under what circumstances that an arrest may be made without warrant for violation of an environmental law?

RULE 11, Section 1. Arrest without warrant; when lawful. - A peace officer or an individual deputized by the proper government agency may, without a warrant, arrest a person:(a) When, in his presence, the person to be arrested has committed, is actually committing or is attempting to commit an offense; or(b) When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it.

20. What is purpose of attaching a certified true copy of the information to the Warrant of Arrest issued by the court under the Rules of Procedure For Environmental Cases?The attachment of a certified true copy of the information to the warrant of arrest is deemed notice to accused of the charges against him.

The Rule on Writ of Habeas Data

1. Under what circumstances that the writ of habeas data may be issued?

Section 1. The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party.

2. Who may file the petition for its issuance and in what court should the petition be filed?

Sec 2. Any aggrieved party may file a petition for the writ of habeas data. However, in cases of extralegal killings and enforced disappearances, the petition may be filed by:a. any member of the immediate family of the aggrieved party, namely, the spouse, children and parents; orb. any ascendant, descendant or collateral relative of the aggrieved party within the fourth civil degree of consanguinity or affinity, in default of those mentioned in the preceding paragraph.

Sec 3. The petition may be filed with the Regional Trial Court where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or stored, at the option of the petitioner.

The petition may also be filed with the Supreme Court or the Court of Appeals or the Sandiganbayan when the action concerns public data files of government offices.

3. In what court should the writ be returned?

Sec 4. When the writ is issued by a Regional Trial Court or any judge thereof, it shall be returnable before such court or judge.

When issued by the Court of Appeals or the SB or any of its justices, it may be returnable before such court or any justice thereof, or to any Regional Trial Court of the place where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or restored.

When issued by the Supreme Court or any of its justices, it may be returnable before such Court or any justice thereof, or before the Court of Appeals or the SB or any of its justices, or to nay RTC of the place where the petitioner or respondent resides, or that which has jurisdiction over the place where the data or information is gathered, collected or stored.

4. The judge issued the writ without first conducting a hearing. Is the judge correct?

Sec 7. Issuance of the Writ – Upon the filing of the petition, the court, justice or judge shall immediately order the issuance of the writ if on its face it ought to issue.

5. Can the respondent refuse to obey the writ of habeas data on the ground that the release of the information in his possession may compromise national security? Explain.

Sec 11. Contempt – The court, justice or judge may punish with imprisonment or fine a respondent who commit contempt by making a false return or refusing to make a return; or any person who otherwise disobeys or resist a lawful process or order of the court.

The Rule of the Writ of Amparo

1. Under what circumstances the Writ of Amparo may issue?

The petition for a Writ of Amparo may be issued to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

2. Can a concerned citizen file the petition for its issuance?

Yes, under Section 2 of the Rule on the Writ of Amparo, any concerned citizen, if there is no known member of the immediate family or relative of the aggrieved party may file for the issuance of the Writ of Amparo.

3. Where should the petition for its issuance be filed?

Section 3 of the Rule provides that the petition may be filed on any day and at any time with the Regional Trial Court of the place where the threat, act or omission was committed or any of its elements occurred, or with the Sandiganbayan, the Court of Appeals, the Supreme Court, or any justice of such courts.

4. Can the court issue the writ without first conducting a hearing?

No. The court cannot issue the Writ of Amparo without first conducting a hearing which shall not be later than seven (7) days from the date of its issuance. (Sec. 6, Amparo Rule)

5. Within what period should the writ be returned and to which court should it be returned?

Within seventy-two (72) hours after service of the writ, the respondent shall file a verified written return together with supporting affidavits. (Sec. 9)When issued by a Regional Trial Court or any judge thereof, the writ shall be returnable before such court or judge. When issued by the Sandiganbayan or the Court of Appeals or any of their justices, it may be returnable before such court or any justice thereof, or to any Regional Trial Court of the place where the threat, act or omission was committed or any of its elements occurred. When issued by the Supreme Court or any of its justices, it may be returnable before such Court or any justice thereof, or before the Sandiganbayan or the Court of Appeals or any of their justices, or to any Regional Trial Court of the place where the threat, act or omission was committed or any of its elements occurred. (Sec. 3)

6. A. What are the interim reliefs that may be issued by the court once a petition for the issuance of wit of amparo is filed?

Section 14 of the Rule provides that upon filing of the petition or at anytime before final judgment, the court, justice or judge may grant any of the following reliefs:

(a) Temporary Protection Order(b) Inspection Order(c) Production Order(d) Witness Protection OrderB. Which of there reliefs may be issued ex parte?The following may be issued ex-parte:(a) Temporary Protection Order(b) Witness Protection Order

7. Can the party against whom the relief is prayed equally ask for the interim

reliefs? Discuss.

Yes. Under Sec. 15, the respondent/s upon verified motion and after due hearing can be granted:

a. An Inspection Order andb. A Production Order

A motion for inspection order requested by the respondent/s shall be supported by affidavits or testimonies of witnesses having personal knowledge of the defenses of the respondent/s. (Sec. 15)

9. Can the court dismiss the petition for failure of the petitioner’s witnesses to appear?

No, the court shall not dismiss the petition, but shall archive it, if upon its determination it cannot proceed for a valid cause such as the failure of petitioner or witnesses to appear due to threats on their lives. (Sec. 20)

10. Discuss the burden of proof and the standard of diligence required in a petition for Writ of Amparo.

The parties shall establish their claims by substantial evidence. The respondent who is a private individual or entity must prove that ordinary diligence as required by applicable laws, rules and regulations was observed in the performance of duty. The respondent who is a public official or employee must prove that extraordinary diligence as required by applicable laws, rules and regulations was observed in the performance of duty. (Sec. 17)

Guidelines and Procedure in the Issuance of Search Warrant

1. In what court shall an application for search warrant be filed?

An application for search warrant shall be filed with the following: (a) Any court within whose territorial jurisdiction a crime was committed. (b) For compelling reasons stated in the application, any court within the judicial region where the crime was committed if the place of the commission of the crime is known, or any court within the judicial region where the warrant shall be enforced. However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. (Rule 126, Section 2, Revised Rules of Court)2. Can an application for search warrant be filed after office hours?

Yes, application for search warrant can be filed after office hours and even during Saturdays, Sundays and legal holidays in cases where application for search warrant may be filed directly with any judge in whose jurisdiction the palce to be search is located. In such cases the applicant is required under oath the urgency of the issuance thereof.

3. Can the judge dismiss an application for search warrant on the ground that it does not contain against forum shopping?

NO. Washington vs Distillers vs CA required no such certification from applications for search warrants. Hence, the absence of such certification will not result in the dismissal of an application for search warrant. (Savage Vs. Taypin, G.R. No. 134217. May 11, 2000).

4. What is the lifetime of a search warrant?

A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void. (Sec. 10, Rule126)

5. Outline the procedure to be followed by officers to whom a search warrant was issued.

The procedure followed by officers for the issuance of search warrant includes:

1. File an application with the Executive Judge, to be signed and raffled to a judge within his Administrative area;2. Judge assigned conduct examination of the complainant and witnesses;3. Upon existence of probable cause, a warrant can be issued.

RA 9048

1. What matters may be corrected administratively under RA 9048?

Under RA 9048, the following matters can be corrected:1. Clerical or typographical errors;

2. Change of first name or nickname which can be corrected or change by the concern city or by the municipal civil registrar or consul general.

1. What is commercial arbitration?

Arbitration is commercial if it covers matters arising from all relationships of a commercial nature, whether contractual or not.

2. What cases may not be subject of the alternative modes of dispute resolution?

a. Labor disputes covered by the labor code as amended and its implementing rules and regulations;b. civil status of a person;c. the validity of a marriage;d. any ground for legal separation;e. the jurisdiction of courts;f. future legitime;g. criminal liability;h. those of which by law cannot be compromised (ex. Future support)

3. During the mediation conducted by the accredited mediator, the defendant admitted certain allegations which he denied in his answer. Hence, the plaintiff immediately switched on his recorder in order to record the proceedings. During the trial he presented the tape recorded proceedings of the mediation. a) If you were the judge, will you admit the recorded proceedings in evidence to prove the defendants’ admissions? b) Would your answer be the same if what was presented in evidence is the minutes of the proceedings duly signed by the mediator and certified as correct by the parties to the case?

a) The evidence should not be admitted in evidence. Under sec. 23 of R.A. 9285, the arbitration proceedings, including the records, evidence and the arbitral award, shall be considered confidential and shall not be published except (1) with the consent of the parties, or (2) for the limited purpose of disclosing to the court of relevant documents in cases where resort to the court is allowed herein. In the present case no consent was given by the plaintiff. Therefore, it is admissible in evidence for failure to comply with the requirement of the law.

b. My answer would be the same because the requirement of consent is wanting also.

4. During the referral of a case to arbitration, can the parties apply for provisional/interim reliefs? If so, what is the procedure for the application?

Under sec. 28 of RA 9285, After constitution of the arbitral tribunal and during arbitral proceedings, a request for an interim measure of protection or modification thereof, may be made with the arbitral tribunal or to the extent that the arbitral tribunal has no power to act or is unable to act effectively, the request may be made with the Court. The arbitral tribunal is deemed constituted when the sole arbitrator or the third arbitrator who has been nominated, has accepted the nomination and written communication of said nomination and acceptance has been received by the party making request.(b) The following rules on interim or provisional relief shall be observed:(1) Any party may request that provision relief be granted against the adverse party:(2) Such relief may be granted:

(i) to prevent irreparable loss or injury:(ii) to provide security for the performance of any obligation;(iii) to produce or preserve any evidence; or(iv) to compel any other appropriate act or omission.

(3) The order granting provisional relief may be conditioned upon the provision of

security or any act or omission specified in the order.(4) Interim or provisional relief is requested by written application transmitted by reasonable means to the Court or arbitral tribunal as the case may be and the party against whom the relief is sought, describing in appropriate detail the precise relief, the party against whom the relief is requested, the grounds for the relief, and evidence supporting the request.(5) The order shall be binding upon the parties.(6) Either party may apply with the Court for assistance in Implementing or enforcing an interim measure ordered by an arbitral tribunal.(7) A party who does not comply with the order shall be liable for all damages resulting from noncompliance, including all expenses, and reasonable attorney's fees, paid in obtaining the order's judicial enforcement.

5. What court has jurisdiction to review decisions of the RTC confirming, vacating, setting aside, modifying or correcting an arbitral award?

The Court of Appeals: 1. Petition for review (Rule 19.12 of Special Rules of Court on ADR); 2. Special Civil Action for certiorari (Rule 19.26);

To the Supreme Court: Appeal by Certiorari (Rule 19.36)

6. What court has jurisdiction over cases for recognition and enforcement of an arbitration agreement?

The Regional Trial Court (R.A. 9285)

7. Where should such cases be filed (referring to venue)?

In the RTC:1. Where the arbitration proceeding are conducted; 2.where the asset to be attached or levied upon or the act to be enjoined is located; 3. Where any of the parties to the dispute resides or has his place of business; 4. In the national Judicial Capital Region, at the option of the applicant (Sec. 47, RA 9285).

8. What body has the jurisdiction over arbitration of construction disputes? Is there a need for the trial court to confirm the awards of such body?

Construction disputes which fall within the original and exclusive jurisdiction of the Construction Industrial Arbitration Commission. The CICA arbitral award need not be confirmed by the Regional Trial Court to be executory as provided by E.O. No 1008.