Statute
Special Rules of Court on Alternative Dispute Resolution
229 provisions · showing PART III › RULE 15 (8) · source
Rule 15
Any of the parties to a mediated settlement agreement, which was deposited with the Clerk of Court of the Regional Trial Court, may, upon breach thereof, file a verified petition with the same court to enforce said agreement.
Rule 15
The adverse party may file an opposition, within fifteen (15) days from receipt of notice or service of the petition, by submitting written proof of compliance with the mediated settlement agreement or such other affirmative or negative defenses it may have.
Rule 15
Any party to a mediation that is not court-annexed may deposit with the court the written settlement agreement, which resulted from that mediation.
Rule 15
The written settlement agreement may be jointly deposited by the parties or deposited by one party with prior notice to the other party/ies with the Clerk of Court of the Regional Trial Court (a) where the principal place of business in the Philippines of any of the parties is located; (b) if any of the parties is an individual, where any of those individuals resides; or (c) in the National Capital Judicial Region.
Rule 15
The verified petition shall: a. Name and designate, as petitioner or respondent, all parties to the mediated settlement agreement and those who may be affected by it; b. State the following: (i). The addresses of the petitioner and respondents; and (ii). The ultimate facts that would show that the adverse party has defaulted to perform its obligation under said agreement; and c. Have attached to it the following: (i). An authentic copy of the mediated settlement agreement; and (ii). Certificate of Deposit showing that the mediated settlement agreement was deposited with the Clerk of Court.
Rule 15
After a summary hearing, if the court finds that the agreement is a valid mediated settlement agreement, that there is no merit in any of the affirmative or negative defenses raised, and the respondent has breached that agreement, in whole or in part, the court shall order the enforcement thereof; otherwise, it shall dismiss the petition.
Rule 15
The Clerk of Court of each Regional Trial Court shall keep a Registry Book that shall chronologically list or enroll all the mediated settlement agreements/settlement awards that are deposited with the court as well as the names and address of the parties thereto and the date of enrollment and shall issue a Certificate of Deposit to the party that made the deposit.
Rule 15
At any time after an agreement is reached, the written settlement agreement may be deposited.