Question & AnswerQ&A (OO ADMINISTRATIVE ORDER NO. 20, S. 2008)
The rules are titled "Ombudsman Rules of Procedure for Mediation."
The Office of the Ombudsman promotes mediation in line with Republic Act No. 9285, the Alternative Dispute Resolution Law.
The rules apply to all complaints, grievances, or requests for assistance and such other matters cognizable by the Office of the Ombudsman that may be subject to mediation.
A complaint means any allegation of any act or omission which may appear to be unreasonable, unfair, oppressive, discriminatory, illegal, unjust, improper, or inefficient and may be the subject of mediation, filed against public officials or employees, including those in government-owned and controlled corporations as well as private individuals involved in the acts or omissions complained of.
Mediation is a voluntary process in which a mediator facilitates communication and negotiation and assists the parties in reaching a voluntary agreement regarding a dispute.
A mediator is any trained officer or personnel duly designated to conduct mediation.
Mediation covers complaints that do not necessarily amount to criminal or administrative offenses, light administrative offenses with penalties of reprimand, certain minor criminal cases with penalties not exceeding six months imprisonment or a fine not exceeding P1,000, cases cognizable by the Lupong Tagapamayapa, criminal negligence resulting in property damage, and other similar offenses except those which by law cannot be compromised.
If any party fails to appear during the initial conference despite due notice, the mediator shall schedule another conference. Failure to appear during the second setting is grounds to terminate mediation and refer the case for appropriate disposition.
Mediation proceedings and all its incidents shall be kept strictly confidential; no transcript or formal record shall be made, and information obtained shall be privileged and inadmissible in any adversarial proceeding except in specific exceptions outlined in the rules.
A settlement agreement must be in writing, signed by the parties, their counsel if any, and the mediator. The agreement can be deposited with the Clerk of the Regional Trial Court for enforcement purposes. If enforcement is needed, a petition may be filed with the court.
No, the mediator shall not make any ruling, finding, or recommendation regarding the dispute, even if requested by all parties.
The Assistant Ombudsman selects the mediator by raffle. The Evaluating Officer who evaluated the case may not act as mediator.
The mediator prepares a memorandum recommending provisional dismissal of the pending case, which may be revived within 90 days. If no motion to revive is filed within this period, dismissal becomes permanent.
Private Caucus means a private meeting with either party called by the mediator to discuss issues in private to arrive at a mutually satisfactory agreement.
The proceedings terminate when a party withdraws, when a written settlement agreement is executed, or when no settlement agreement is reached.