RA 9285 - ALTERNATIVE DISPUTE RESOLUTION ACT OF 2004 Flashcards
The decisions of the Commission shall be arrived at by a majority vote.
a. Section 7
b. Section 8
c. Section 9
d. Section 10
d. Section 10
The term of office of the members of the Commission shall be ___ years.
a. eight (8)
b. six (6)
c. four (4)
d. two (2)
b. six (6)
Based on Section 18 of the EO 1008, how long shall the Commission submit its annual report to the CIAP after the end of the fiscal year?
a. within six (6) months
b. within five (5) months
c. within four (4) months
d. within three (3) months
a. within six (6) months
The Executive Order no. 1008 shall be known as?
a. “Construction Industry Arbitration Law”
b. “Committing Industry Arbitration Law”
c. “Constructing Industry Arbitrating Law”
d. “Construction Industry Arbitrating Law”
a. “Construction Industry Arbitration Law”
What does CIAC stand for?
a. Construction Industry Arbitration Commission
b. Construction Industry Arbritration Commission
c. Construction Industry Arbitrating Committee
d. Constructiom Industry Arbitration Committee
a. Construction Industry Arbitration Commission
What does PDCB stand for?
a. Philippine Domestic Construction Board
b. Philippine Domestic Commission Board
c. Philippine Domestic Constructive Board
d. Philippine Domestic Commiting Board
a. Philippine Domestic Construction Board
What does CIAP stand for?
a. Construction Industry Arbitration of the Philippines
b. Construction Institute Authority of the Philippines
c. Construction Industry Authority of the Philippines
d. Construction Institute Arbitration of the Philippines
c. Construction Industry Authority of the Philippines
What happens when a domestic arbitral award is confirmed?
a. It becomes a final decision of the court
b. It is sent back for another arbitration
c. It can no longer be enforced
d. It is automatically rejected
a. It becomes a final decision of the court
Which international agreement helps enforce arbitral awards from other countries?
a. New York Convention
b. Paris Agreement
c. ASEAN Treaty
d. Geneva Convention
a. New York Convention
Who appoints the Executive Director of the Office for Alternative Dispute Resolution (OADR)?
a. The President of the Philippines
b. The Chief Justice
c. The Senate
d. The Regional Trial Court
a. The President of the Philippines
What is the main purpose of the Office for Alternative Dispute Resolution (OADR)?
a. To promote the use of alternative dispute resolution (ADR)
b. To replace the Supreme Court
c. To settle all criminal cases
d. To create new courts
a. To promote the use of alternative dispute resolution (ADR)
Where should a request for enforcing an arbitral award under the New York Convention be filed?
a. Regional Trial Court
b. Barangay Hall
c. Office of the President
d. City Mayor’s Office
a. Regional Trial Court
If someone is unhappy with an arbitral award, where can they challenge it?
a. Regional Trial Court
b. Office of the President
c. Department of Trade and Industry
d. Supreme Court immediately
a. Regional Trial Court
What must a person submit to enforce a foreign arbitral award?
a. A copy of the award and arbitration agreement
b. A letter from the mayor
c. A new court case
d. A police report
a. A copy of the award and arbitration agreement
What does the term ADR stand for?
a. Alternative Dispute Resolution
b. Advanced Document Review
c. Administrative Dispute Regulation
d. Association of Dispute Representatives
a. Alternative Dispute Resolution
What is required when appealing a confirmed arbitral award?
a. A counterbond equal to the award amount
b. A written complaint to the police
c. A request for a new arbitration
d. A letter to the President
a. A counterbond equal to the award amount
What is the main goal of RA 9285?
a. To encourage faster and fair dispute resolution without going to court
b. To remove courts completely
c. To make cases more expensive
d. To require all cases to go through arbitration
a. To encourage faster and fair dispute resolution without going to court
Which of the following is NOT an objective of Republic Act No. 9285?
a. To reduce court case backlogs by encouraging alternative dispute resolution (ADR)
b. To grant courts the authority to intervene in ADR proceedings at any stage
c. To allow parties greater control over their disputes through arbitration and mediation
d. To involve the private sector in resolving conflicts fairly and efficiently
b. To grant courts the authority to intervene in ADR proceedings at any stage
Under RA 9285, which statement about arbitration is FALSE?
a. Arbitration decisions (awards) are binding on both parties
b. Parties can choose their arbitrator or have one appointed
c. Arbitration awards can be appealed like a regular court ruling
d. Arbitration is an alternative to traditional court litigation
c. Arbitration awards can be appealed like a regular court ruling
All of the following are excluded from RA 9285 EXCEPT:
a. Breach of a construction contract
b. Labor disputes
c. Disputes over reserved inheritance shares
d. Disputes over whether a marriage is legally valid
a. Breach of a construction contract
What is the key difference between mediation and arbitration as defined in RA 9285?
a. Mediation results in a binding decision, while arbitration does not
b. Arbitration involves a neutral third party making a final decision, while mediation facilitates negotiation
c. Arbitration always requires court approval, while mediation does not
d. Mediation can only be used for commercial disputes, while arbitration applies to all cases
b. Arbitration involves a neutral third party making a final decision, while mediation facilitates negotiation
According to EO 1008, which entity has original and exclusive jurisdiction over construction disputes?
a. Supreme Court
b. Philippine Construction Arbitration Board
c. Construction Industry Arbitration Commission (CIAC)
d. Department of Public Works and Highways (DPWH)
c. Construction Industry Arbitration Commission (CIAC)
What is the role of a mediator under RA 9285?
a. To impose a legally binding decision on the disputing parties
b. To facilitate communication and help parties voluntarily reach an agreement
c. To act as a judge and issue a ruling based on presented evidence
d. To ensure both parties receive equal financial compensation
b. To facilitate communication and help parties voluntarily reach an agreement
What happens when parties agree to submit their dispute to mediation under institutional rules?
a. The parties can disregard the institutional rules if they find them inconvenient
b. The institutional rules take precedence over RA 9285 if a conflict arises
c. The institutional rules apply, but if they conflict with RA 9285, the law prevails
d. The mediator gains decision-making authority over the dispute
c. The institutional rules apply, but if they conflict with RA 9285, the law prevails
Which statement about ADR providers under Section 3 is TRUE?
a. Only accredited individuals or organizations can serve as ADR providers
b. Even non-accredited individuals can act as ADR providers if the parties agree
c. ADR providers must be licensed lawyers to be legally recognized
d. The Supreme Court is responsible for accrediting all ADR providers in the Philippines
b. Even non-accredited individuals can act as ADR providers if the parties agree
What is a key requirement for a mediator under Section 13?
a. They must have at least 10 years of legal experience before facilitating disputes
b. They must disclose any conflicts of interest before and during the mediation process
c. They must be certified by the Integrated Bar of the Philippines
d. They must have authority to issue legally binding decisions
b. They must disclose any conflicts of interest before and during the mediation process
Under Chapter 2 of RA 9285, when does an ADR provider NOT need to be officially accredited?
a. When handling construction-related disputes
b. When parties mutually agree to use a non-accredited mediator or arbitrator
c. When resolving financial disputes involving banks
d. When dealing with international arbitration cases
b. When parties mutually agree to use a non-accredited mediator or arbitrator
Which of the following best describes “commercial arbitration” under RA 9285?
a. Arbitration involving international trade
b. Arbitration of disputes arising from commercial relationships, including construction.
c. Arbitration conducted by foreign government.
d. Arbitration where money is involved
b. Arbitration of disputes arising from commercial relationships, including construction.
What is the primary law governing domestic arbitration in the Philippines?
a. RA 9285 only
b. The Model Law
c. RA 876, as amended by RA 9285
d. EO 1008
c. RA 876, as amended by RA 9285
Which body has original and exclusive jurisdiction over construction disputes?
The Construction Industry Arbitration Commission (CIAC)
Interim measures of protection in arbitration can be granted by:
a. Only the court
b. Only the arbitral tribunal
c. Either the court (before tribunal formation) or the arbitral tribunal (after formation)
d. Neither the court nor the tribunal
c. Either the court (before tribunal formation) or the arbitral tribunal (after formation)
If a court finds that a construction dispute has been filed before it, and the parties have an arbitration agreement with CIAC, the court should generally:
a. Proceed with the case
b. Refer the parties to CIAC arbitration
c. Dismiss the case entirely
d. Order mediation
b. Refer the parties to CIAC arbitration
Architect Shen and Contractor Zed have a disagreement over payment for a project. Their contract includes an arbitration clause. What’s the most likely course of action?
a. They must go to court.
b. They will likely go to arbitration as per their contract.
c. They must negotiate a settlement.
d. Architect Shen can sue Contractor Zed directly.
b. They will likely go to arbitration as per their contract.
During arbitration, Architect Nico Robin needs to preserve evidence of faulty construction. What can she do?
a. Nothing, evidence preservation is the responsibility of the court.
b. Request an interim measure of protection from the court or arbitral tribunal.
c. Immediately file a criminal case.
d. Publicly disclose the faulty construction.
b. Request an interim measure of protection from the court or arbitral tribunal.
Architect Portgas D. Ace and a client disagree about the final payment for a house design. They have an arbitration clause in their contract. What’s the first step they should likely take?
a. Go directly to court.
b. Try to resolve the issue through the agreed-upon arbitration process.
c. Publicly argue about the disagreement.
d. Contact the police.
b. Try to resolve the issue through the agreed-upon arbitration process.
Zeri, a Filipino contractor, and Yasuo, a Japanese materials supplier, have a dispute. Which type of arbitration is this most likely considered?
a. Domestic
b. International
c. Provincial
d. Barangay
b. International
Architect Frieren and Architect Himmel have a disagreement about a joint project. They are both Filipino. Is this considered domestic or international arbitration?
a. International
b. Domestic
c. Neither
d. Both
b. Domestic
Contractor Brimstone needs to quickly stop subcontractor Reyna from damaging a partially completed building during a dispute. What can they do?
a. Wait for the full arbitration process to conclude.
b. Request an interim measure of protection.
c. Start demolishing the building themselves.
d. Ignore the damage.
b. Request an interim measure of protection.
Architect Viego and his client Mr. Xin Zhao agreed to mediation first. If mediation is successful, how can they make the settlement agreement more formal and enforceable?
a. By having the mediator notarize the agreement.
b. By having the mediator issue the settlement agreement as an arbitral award.
c. By filing the agreement with the court.
d. By publishing the agreement in a
newspaper.
b. By having the mediator issue the settlement agreement as an arbitral award.
A dispute arises on a construction site between the owner and a subcontractor. Which law primarily governs this dispute resolution process?
a. RA 876
b. RA 9285
c. EO 1008
d. The Civil Code of the Philippines
c. EO 1008
