Crim 6 Flashcards
1
Q
FORMS OF ADR IN THE PHILIPPINES (RA 9285)
A
•Arbitration
•Mediation
•Conciliation
•Mediation-Arbitration
•Early Neutral Evaluation
•Mini- Trial
•Court-annexed Mediation
2
Q
- means a voluntary dispute resolution process in which one or more arbitrators are appointed in accordance with an agreement of the parties, or rules promulgated pursuant to RA 9285. resolve an issue by rendering an award.
A
Arbitration
3
Q
refers to the final decision by an arbitrator
A
Award
4
Q
- means a voluntary process in which a mediator, selected by the disputing parties, facilitates communication and negotiation, and assist the parties in reaching a voluntary agreement regarding a dispute. Settlement is made by the parties themselves. Third party cannot make a proposal.
A
Mediation
5
Q
cannot make a proposal.
A
Third party in mediation
6
Q
- involves the assistance of a neutral third party who PLAYS AN ADVISORY ROLE in reaching an agreement. Third party can make a proposal.
A
Conciliation
7
Q
can make a proposal.
A
Third party in conciliation (conciliators), and arbitration (arbitrators)
8
Q
- is a step dispute resolution process involving both mediation and arbitration
A
Mediation-Arbitration
9
Q
- an ADR process where in parties and their lawyers are brought together early in a pretrial phase to present summaries of their case and receive a non-binding assessment by a experienced, neutral person, with expertise in the subject in the substance of a dispute.
A
Early Neutral Evaluation
10
Q
What is the neutral third person in arbitration?
A
Arbitrator
11
Q
The arbitrator can make a proposal?
A
Yes
12
Q
Who resolve an issue by rendering an award
A
Arbitrator
13
Q
How many arbitrators are appointed in accordance with an agreement of the parties, or rules promulgated pursuant to RA 9285?
A
One or more arbitrators
14
Q
Refers to an agreement between the two parties or refers the final decision to the third person in arbitration.
A
Award
15
Q
Can be within the agreement or decision of the two parties between the defendant and victim in arbitration.
A
Appointment of arbitrator
16
Q
Similar of arbitrator
A
Mediation
17
Q
What is the neutral third person in mediation?
A
Mediator
18
Q
Who will craft the award it comes to meditation or settlement is made by them?
A
Only between the first parties and the second parties
19
Q
Only help in facilitation, assess in process in solving the conflict but not to make a proposal.
A
Mediator
20
Q
Opposite of medition
A
Conciliation
21
Q
What is the neutral third person in conciliation?
A
Conciliator
22
Q
In conciliation a third person who plays a crucial rule in giving suggestions, that suggestion within the context between the conflict of the two parties.
A
Conciliator
23
Q
Can give a proposal but not to the extend that he/she involved within the final judgment between the two parties
A
Mediation- Arbitration
24
Q
No trial nga nahitabo wla pa na abot sa court
A
Pretrial
25
Even if no pretrial pa nga nahitabo the two parties have already reserve a neutral third person.
Early neutral evaluation
26
He/she will be the one who assess, to evaluate to dispute and this person is the one who is experience on the nature of dispute, the conflict between the two parties, in the early neutral evaluation.
Neutral third person
27
For example the conflict between the two parties is money. What will be the third person that expert within the money that they have?
Financier
28
Who is the person in early neutral evaluation that will be a non-binding assessment?
Neutral third person
29
It's up to the parties if they will follow the agreement or not. What is this?
Non-binding assessment
30
Have panel of decisions makers and, with or without the presence of neutral third person in both two parties.
Mini trial
31
One who negotiate, make an assist for the settlement of the conflict not the neutral third person in the mini trial.
Panel of decisions makers
32
It does not need or necessary to go to the court if it is have a panel of decision makers
Mini trial
33
What PMC stands for?
Philippine Mediation Center
34
This is the very different/ and quietly opposite the previews ADR in the Philippines
Court annexed mediation
35
Why the Court annexed mediation is different in other ADR?
Because they already file the case in the court and the court have already jurisdiction over the particular case.
36
Who make a settlement of the dispute or he/she will be considered as a third person in the court annexed mediation
PMC (PHILIPPINE MEDIATION CENTER)
37
accredited by a Supreme Court
PMC
38
What other differences of court annexed mediation that need to follow the agreement by the court?
Legally binding
39
The agreement reach is considered LEGALLY BINDING by the COURT. Well the process is mandatory for selected cases, the parties are not forced to reach settlement.
Court-annexed mediation
40
DIVISION OF THE OADR
1. Secretariat
2. Republic Information and Promotion Division
3. Training division
4. Records and library division
41
AGENCIES THAT USE ADR IN THE PHILIPPINES
1. Katarungang pambarangay
2. The department of agrarian reform adjudication board
3. The philippine dispute resolution center incorporated
4. The national conciliation and mediation board
5. Bureau of labor relations
6. The commission on the settlement of land problems
7. The insurance commission
8. The bureau of trade regulation and consumer protection
9. The court annexed pilot mediation project
10. Office for alternative dispute resolution
42
This is the right of the accused
Habeas corpus
43
What is the purpose of habeas corpus?
To find out of the person is legally arrested
44
It prohibits a person from filing a case after a lapse of period prescribe by the law
Barred by the statute of limitation
45
The laws of the right of the state to prosecute the individual after a lapse of period prescribed by the law
Prescription of crime
46
Connected with the department of agrarian reform
The department of agrarian reform a judicication board
47
How many members that compose of BARC?
10 members presenting the DAR, the department of environment and natural resources, the land bank and agricultural resources.
48
DAR stands for?
Department of agrarian reform
49
BARC stand for?
Barangay Agrarian Reform Committee
50
PARAD stand for?
Provincial Adjudication Court
51
DARAB stand for?
The department of agrarian reform adjudication board
52
What composed of DARAB?
DAR secretary, 2 under secretaries, 1 assistant secretary
53
-Is mandated to provide a forum for the settlement of agrarian disputes, with the regional director as the designated hearing officer
-has exclusive jurisdiction over disputes arising from agrarian relationship and other land related issues
The department of agrarian reform adjudication board
54
When mediation fails, the case is brought before the_______?
PARAD
55
After hearing the parties, an agreement or arbitral award is entered as an order by the ________?
56
An award issued by the________maybe appealed to the________board.
PARAD, DARAB
57
The disputes are resolved, via what?
Mediation and arbitration
58
Primarily uses arbitration to resolve dispute arising from contracts, especially in the fields of commerce and trade, intellectual property rights, securities, insurance domestic relations and claims, among others.
The philippine dispute resolution center incorporated
59
Its services include commercial arbitration, organizing seminars, trainings and accreditation in the field of commercial arbitration, referral and information dissemination.
The philippine dispute resolution center incorporated
60
A private non-stock, non-profit corporation organized in 1996 for the purpose of promoting and encouraging the use of arbitration, conciliation, mediation and other modes of non-judicial dispute resolution for the settlement of domestic and international disputes in the philippines
The philippine dispute resolution center incorporated
61
Delay in compliance of the award is subject to the jurisdiction of the regular courts.
The philippine dispute resolution center incorporated
62
Conflict between employee from employer
The national conciliationand mediation board
63
When the national conciliation and meditation board created? and what executive order? and what agency under?
-Created in 1987
-By virtue of executive order 126
-Under the department of labor and employment or (DOLE)
64
Resolve certain labor disputes
The national conciliation and mediation board
65
In case of failure, voluntary arbitration is encouraged. If the latter is not resorted to, the case becomes ripe for adjudication by the national labor relations commission.
The national conciliation and meditation board
66
Like the NLRC
Bureau of labor relations
67
What another agency under the DOLE concern with settling labor disputes?
Bureau of labor relations
68
However, it's mandate is limited to resolving inter-union disputes, disputes a rising from conflicts in union representation, cancellation of union registration, administration of union funds, petition for election of union officers, and the violation of rights of union members.
Bureau of labor relations
69
What under the commission on the settlement of land problems?
Under the department of justice (DOJ)
70
When was created the commission on the settlement of land problems? And what executive?
Was created on September 21, 1979
By President Marcos through Executive Order 561
71
As a quasi-judicial body, is mandated to settle all types of dispute involving land whether or urban or rural, involving occupants/squatters and other similar land problems of grave importance, like demolition, etc.
The commission on the settlement of land problems
72
An independent quasi-judicial body, tasked with resolving disputes in the insurance industry
The insurance commission
73
Has jurisdiction in the settlement of claims and other types of disputes related to the insurance industry, provided the amount of the claim does not exceed One hundred thousand pesos (100,000 pesos) exclusive damages.
The insurance commission
74
A quasi judicial agency under the Department of Trade and Industry created to investigate, arbitrate and resolved complaints from consumers involving violations of Republic Act 7394, otherwise known as the Consumer act of the Philippines.
The Bureau of Trade Regulation and Consumer Protection
75
Disputes involving untrue, deceptive, misleading advertisements; sale of paints and paint materials; fraudulent advertising, mislabeling and mis-branding.
The Bureau of Trade Regulation and Consumer Protection
76
What are the two cities that exclusive only in the Court-Annexed Pilot Mediation Project?
Mandaluyong and valenzuela
77
What is the name of test of mandaluyong and valenzuela?
Pilot test area for the project
78
Lawyers and non lawyers selected by the trial courts in these cities where train in persuance of its goal
The court-annexed pilot mediation project
79
The cases referred by the courts for this purpose consisted of cases involving interpersonal relation and neighborhoods disputes; collection cases based on credit-debtor relationship; claims for damages; disputes arising out of land-lord tenant relationship; unsettlement of estate.
The court-annexed pilot mediation project
80
The agreement reached through MEDIATION is reduced into WRITING and SUBMITTED to the COURT where the CASE is PENDING.
The court annexed pilot mediation project
81
An agency attached to the department of justice. Shall have a secretariat and shall be headed by an executive director, who shall be appointed by the president of the philippines.
Office for alternative dispute resolution
82
Shall be charged with the dissemination of information the promotion of the importance and public acceptance of mediation, conciliation, arbitration.
Public information and promotion division
83
Shall be charged with formulation and effective standards for the training of ADR practitioners; conduct of training in accordance with such standards; issuance of certifications of trainings.
Training division
84
Shall be charged with the establishment and maintenance of the central repository of ADR laws, rules and regulations, jurisprudence, books, articles.
Records and library division
85
The parties have the freedom to select mediator. The parties may request the OADR to provide them with a list or roster or the resumes of it certified mediators. The OADR maybe requested to inform the mediator of his/her selection.
Selection of mediator
86
If the mediator selected is an able to act as such for any reason, the parties may, upon being informed of such fact, select another meditor m
Replacement of mediator
87
Integrated into the local government code (RA 7610)
The katarungang pambarangay
88
Settles case that are punishable by not more than one year of imprisonment and a fine not exceeding 5,000.
Katarungang Pambarangay
89
Shall provide necessary support and discharge such other functions and duties as may be directed by the executive director.
Secretariat
