Special Rules of Court on Alternative Dispute Resolution

Rule 9

The comment/ opposition must be filed within fifteen (15) days from service of the petition.

Rule 9

Any party to an arbitration, whether domestic or foreign, may request the court to provide assistance in taking evidence.

Rule 9

At anytime before arbitration is commenced or before the arbitral tribunal is constituted, any person who desires to perpetuate his testimony or that of another person may do so in accordance with Rule 24 of the Rules of Court.

Rule 9

The court may impose the appropriate sanction on any person who disobeys its order to testify when required or perform any act required of him.

Rule 9

If the evidence sought is not privileged, and is material and relevant, the court shall grant the assistance in taking evidence requested and shall order petitioner to pay costs attendant to such assistance.

Rule 9

The order granting assistance in taking evidence shall be immediately executory and not subject to reconsideration or appeal. If the court declines to grant assistance in taking evidence, the petitioner may file a motion for reconsideration or appeal.

Rule 9

A petition for assistance in taking evidence may, at the option of the petitioner, be filed with Regional Trial Court where (a) arbitration proceedings are taking place, (b) the witnesses reside or may be found, or (c) where the evidence may be found.

Rule 9

Assistance may be sought at any time during the course of the arbitral proceedings when the need arises.

Rule 9

The court may grant or execute the request for assistance in taking evidence within its competence and according to the rules of evidence.

Rule 9

The petition must state the following: a. The fact that there is an ongoing arbitration proceeding even if such proceeding could not continue due to some legal impediments; b. The arbitral tribunal ordered the taking of evidence or the party desires to present evidence to the arbitral tribunal; c. Materiality or relevance of the evidence to be taken; and d. The names and addresses of the intended witness/es, place where the evidence may be found, the place where the premises to be inspected are located or the place where the acts required are to be done.

Rule 9

A party requiring assistance in the taking of evidence may petition the court to direct any person, including a representative of a corporation, association, partnership or other entity (other than a party to the ADR proceedings or its officers) found in the Philippines, for any of the following: a. To comply with a subpoena ad testificandum and/or subpoena duces tecum; b. To appear as a witness before an officer for the taking of his deposition upon oral examination or by written interrogatories; c. To allow the physical examination of the condition of persons, or the inspection of things or premises and, when appropriate, to allow the recording and/or documentation of condition of persons, things or premises (i.e., photographs, video and other means of recording/documentation); d. To allow the examination and copying of documents; and e. To perform any similar acts.