ADR mid terms Part 4

Question 1

A two-step dispute resolution process involving both mediation and arbitration

Answer 1

Mediation-Arbitration

Question 2

Where the third party who assists in resolution of dispute is a judge.

Answer 2

JDR- Judicial Dispute Resolution

Question 3

ADR Act, Sec 2: Declaration of Policy

Answer 3

It is the policy of the state to: PEPE
a) promote party autonomy in the resolution of disputes
b) encourage use of ADR to achieve speedy and impartial justice and to declog court dockets
C) provide means for the use of ADR
D) enlist active private sector participation in the settlement of disputes through ADR.

Question 4

FACTS of San Jose vs. NLRC (G.R. No. 121227)

Answer 4

Vicente San Jose, a Stevedor, was advised to retire as he already reached 65. Accordingly, he did apply for retirement and was paid P3,156.39 for retirement pay. Ocean Terminal services contends that he was only an on call-stevedore, so while he was connected with the company for the past 11 years, he did not actually render 11 years of service. And that he already signed a waiver of quit claim.

Question 5

ISSUE of San Jose vs. NLRC (G.R. No. 121227)

Answer 5

Who has jurisdiction over the dispute? Voluntary Arbiter

Question 6

RULING of San Jose vs. NLRC (G.R. No. 121227)

Answer 6

Under Article 261 of the Labor Code,
The Voluntary Arbitrator or Panel of Voluntary Arbitrators has original and exclusive jurisdiction over the controversy and not the Labor Arbiter.

Question 7

“Special Rules of Court on Alternative Dispute Resolution”

Answer 7

AM No. 07-11-08-SC

Question 8

FACT of San Miguel Corporation vs. NLRC (G.R. No. 108001)

Answer 8

Workers of San Mig Corp were dismissed from work due to “redundancy or excess personnel.” They filed a complaint against SMC for (ID/IT) Illegal Dismissal and (ULP) Unfair Labor Practices. The complaint was assigned to Labor Arbiter Eduardo F. Carpio. Consequently, petitioners filed a motion to dismiss the complaint, alleging that respondent Labor Arbiter had no jurisdiction over the subject matter of the complaint.

Question 9

Constitutional and Statutory basis of ADR

Answer 9

1987 Constitution, Art. 13, Sec 3.

CC, Art. 1306.

Question 10

The State shall promote the principle of shared responsibility between workers and employers and the preferential use of voluntary modes in settling disputes, including conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.

Answer 10

1987 Constitution, Art. 13, Sec 3.

Question 11

Civil Code, Art. 1306.

Answer 11

The contracting parties may establish such stipulations, clauses, terms and conditions (SCTC) )as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. (LMGPOPP)

Question 12

ISSUE of San Miguel Corporation vs. NLRC (G.R. No. 108001)

Answer 12

WON Workers of SMC were correct in saying that the LABOR ARBITER has no JURISDICTION OVER THE ALLEGED ILLEGAL TERMINATION AND ALLEGED ULP CASES (WITHOUT PRIOR RESORT TO GRIEVANCE AND ARBITRATION PROVIDED UNDER THE CBA)

Question 13

Liability of ADR Provider and Practitioner. - The ADR providers and practitioners shall have the same civil liability for the Acts done in the performance of then duties as that of public officers as provided in Section 38 (1), Chapter 9, Book of the Administrative Code of 1987.

Answer 13

ADR Act, Section 5

Question 14

Applicability of E-Commerce Act

Answer 14

ADR Act, RA 9285, Section 4

Question 15

Executive Order No. 1008

Answer 15

“Construction Industry Arbitration Law”