CLEP Flashcards
What cases may be referred to to mediate the civil liability under continuous trial?
i. Crimes where payment may prevent crilminal prosecution or may extinguish criminal liability
ii. Crimes against property under Title 10 of the Revised Penal Code (RPC), where the obligation may be civil in nature
iii. Crimes against honor under Title 13, RPC, where the liability may be civil in nature
iv. Libel under R.A. 10175 (Cybercrime Prevention Act of 2012) where the liability may be civil in nature
v. Criminal negligence under Title 14, RPC, where the liability may` be civil in nature
vi. Intellectual property rights cases where the liability may be civil in nature.
When may a criminal case be referred to CAM?
The referral of the case for mediation to the Philippine Mediation Center (PMC) Unit shall be made only after the conduct of the arraignment and the pre-trial/ preliminary conference.
Termination of Criminal Cases under CC? What if mediation fails?
The mediation shall be terminated within a non-extendible period of thirty (30) calendar days from the date of referral by the court to the PMC Unit.
After the lapse of the mediation period or if mediation fails, trial shall proceed.
As a general rule, is CAM allowed in criminal cases?
No. CAM is not allowed in criminal cases. However, some cases may be referred to CAM for the mediation of the civil liability.
What happens if mediation is successful in criminal cases?
The compromise agreement shall be signed and performed by the accused. Upon full performance, the prosecutor shall move for the dismissal of the case.
What if the compromise agreement is not fully satisfied? (Paying of damages, etc.)
Move for provisional dismissal of the case.
Revival of Provisionally Dismissed Cases
Provisional Dismissal shall be permanent after 1 year for offenses punishable by imprisonment not exceeding six (6) years or a fine of any amount or both
Provisional Dismissal shall be permanent after 2 year for offenses punishable by imprisonment of more than six (6) years
How is a provisionally dismissed case revived?
By motion to revive the case
SCA’s not allowed in CAM for Civil Cases
Declaratory Relief, Certiorari for COMELEC and COA, CPM, Quo Warranto and Contempt
When may a case be referred to JDR?
A case may be referred to JDR upon failure of settlement or refusal to mediate in CAM only if the judge is still convinced that settlement is still possible
When may a case brought on appeal be referred to JDR?
Cases brought on appeal from the exclusive and original jurisdiction granted to first level courts may be referred to JDR, in areas declared as JDR sites, if the RTC judge believes that settlement is still possible in the following cases:
1. All civil cases and settlement of estate, testate and intestate;
2. All cases of forcible entry and unlawful detainer;
3. All civil cases involving title to or possession of real property, or any interest therein; and
4. Habeas Corpus cases decided by first level courts in the absence of any RTC Judge
Cases not subject to compromise
(a) civil cases which cannot be the subject of a compromise, to wit:
( l ) The civil status of persons;
(2) The validity of a marriage or a legal separation;
(3) Any ground for legal separation;
(4) Future support;
(5) The jurisdiction of courts; and
(6) Future legitime.
(b) habeas corpus petitions;
(c) special proceedings cases for probate of a will; and
(d) cases with pending applications for restraining orders or preliminary injunctions.
XP: in cases covered under paragraphs (a) and (d) where the parties inform the court that they have agreed to undergo mediation on some aspects thereof, e.g., custody of minor children, separation of property, or support pendente lite, the court shall refer them to mediation.
Cases not under amicable settlement KP Law
(a) Where one party is the government, or any subdivision or
instrumentality thereof;
(b) Where one party is a public officer or employee, and the dispute
relates to the performance of his official functions;
(c) Offenses punishable by imprisonment exceeding one (1) year or a
fine exceeding Five thousand pesos (Php5,000.00);
(d) Offenses where there is no private offended party;
(e) Where the dispute involves real properties located in different cities
or municipalities unless the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon;
(f) Disputes involving parties who actually reside in Barangays of
different cities or municipalities, except where such Barangay units
adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon;
(d) Such other classes of disputes which the President may determine
in the interest of justice or upon the recommendation of the
secretary of Justice.
The court in which non-criminal cases not falling within the authority
of the lupon under this Code are filed may, at any time before trial,
motu proprio refer the case to the lupon concerned for amicable
settlement
Where Parties May Go Directly to Court without need of KP
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of personal
liberty calling for habeas corpus proceedings;
(3) Where actions are coupled with provisional remedies such
as preliminary injunction, attachment, delivery of personal
property, and support pendente lite; and
(4) Where the action may otherwise be barred by the statute of
limitations.
Single Entry Approach
Administrative approach to provide a speedy impartial, inexpensive and accessible settlement procedure of all labor issues or conflicts to prevent them from ripening to full blown disputes
Where is a request for assistance filed?
At any SEAD in the regional, provincial, district or field office where the employer principally operates
How is notice served in SENA?
- Personal
- Registered Mail
- Electronic Mail
- Courier
- Facsimile
- Any other fast economical and effective mode of notifying the parties taking into consideration the prevailing circumstances within the SEADO’s area of responsibility
Rules on venue in ADR
- If parties live in the same barangay, it shall be brought in that barangay
- If different bar. but in the same city or municipality, before the bar. Where any of the residents reside at the election of the plaintiff
- All disputes involving real party shall be brought where it is situated
- Those involving workplace, where the workplace is situated
- For students, where they are enrolled
Who May initiate the proceeding in KP?
Any individual who has a cause of action against another within the Sigur authority of the Lupon, may ORALLY or IN WRITING complain to the chairman
Mediation by Lupon Chairman
Upon receipt of complaint, the chairman shall within the next working day summon the respondents with notice to the complainant to appear with their witnesses
If he fails to mediate within 15 days from day of first meeting, he shall set a date to constitute the Pangkat
Period to arrive at settlement for Pangkat
Within 15 days from the day it first convened. This May be extended for another 15 days at the discretion of the Pangkat
