Law Summary
Key Definitions
- Alternative Dispute Resolution (ADR): Any dispute resolution process other than court adjudication involving a neutral third party.
- Award/Decision: Arbitrator's judgment resolving the dispute.
- Dispute: Intra or inter-cooperative controversies including violations of membership rights.
- Settlement: A compromise or arrangement resolving the dispute.
- Voluntary Arbitration: Dispute resolution by arbitrators chosen by the parties.
- Voluntary Arbitrator: Authorized CDA employee or accredited individual chosen to decide disputes.
Applicability and Governing Rules
- Guidelines primarily govern voluntary arbitration.
- Parties may agree on other proceedings if not contrary to law or guidelines.
- Revised Rules of Court apply analogously or supplementarily.
Jurisdiction of Voluntary Arbitrator(s)
- Hold exclusive and original jurisdiction over disputes.
- Decisions appealable only to the Office of the President.
Powers and Authorities of Voluntary Arbitrators
- Conduct hearings and receive evidence.
- Summon witnesses and require documents.
- Administer oaths.
- Cite for contempt and issue writs of execution.
- Exercise necessary powers to resolve disputes.
Nature of Proceedings
- Voluntary arbitration is administrative, not strictly bound by technical court rules.
- Due process must be observed.
- Hearings may proceed despite absence of a party if duly notified.
Filing of Complaints
- Any party to intra/inter-cooperative disputes unresolved by conciliation or mediation may file.
- Verified complaints must be filed within 45 days from Certificate of Non-Settlement issuance.
- Complaints filed late are dismissed.
- Complaints filed at appropriate CDA Extension Offices with jurisdiction.
Requirements for Complaints
- Must include names and addresses of parties, description and documentary evidence, and relief sought.
- Complainants and respondents are parties to the complaint.
Caption and Official Filing Format
- Formal caption includes Republic of the Philippines, CDA office, case number, parties, and nature of arbitration.
Commencement and Initial Procedures
- File three originals of verified complaint with filing fee.
- Accompanied by Certificate of Non-Settlement and Certification against Forum Shopping.
- CDA issues summons to respondents to file answers within 15 days.
Preliminary Conference
- Parties are notified and must appear or send authorized representative.
- Non-appearance of complainant leads to dismissal.
- Non-appearance of respondent leads to second summons and possible dismissal.
- Publication may substitute personal service if respondent cannot be located.
Conference Proper and Submission Agreement
- Parties encouraged to settle voluntarily.
- If settlement not reached, parties sign Submission Agreement specifying disputes, arbitrators, fees, executing officials, and compliance.
- Arbitrators must be impartial, unrelated, and free of conflicts.
Appointment and Replacement of Arbitrators
- CDA appoints arbitrators chosen by parties.
- Disclosure of bias must be immediate.
- Parties may waive bias or replace arbitrator.
Termination and Replacement of Arbitrators
- Written request by parties or voluntary termination/revocation leads to appointment of substitutes.
List of Qualified Arbitrators
- Composed of CDA accredited, trained individuals.
Prohibited Pleadings
- Motions such as to dismiss, for new trial, extension, or default declaration are prohibited to ensure speedy resolution.
Place and Representation
- Arbitration place agreed by parties, within cooperative area.
- Parties may be represented by counsel.
Summary Proceedings
- Option for summary resolution by submitting position papers and affidavits.
- Arbitrator must render judgment within 30 days after submission.
Hearing Procedures
- Arbitrator controls proceedings and maintains decorum and confidentiality.
- Opening statements, stipulation of facts, presentation and examination of evidence.
- Formal offer of evidence may be waived.
- Closing statements followed by submission of briefs.
Issuance of Decision/Award
- Decision must be clear, concise, signed by all arbitrators.
- Served personally or by registered mail.
- Decision rendered within 30 days unless parties agree otherwise.
Settlement During Arbitration
- Proceedings terminated if parties settle.
- Settlement may be recorded as decision/award upon request.
Scope of Decision/Award
- Arbitrators can decide only on matters submitted to arbitration.
Enforcement of Decision/Award
- Parties must comply voluntarily.
- Motion to enforce can be filed with arbitrator who may issue Writ of Execution.
- Writ served by designated officers and returned with report of service.
Appeal Process
- Decision/award appealable to the Office of the President within 15 days from receipt.
- Failure to appeal makes decision final.
Stenographic Notes and Transcripts
- Parties may request records at their own expense.
Costs and Fees
- Costs shared equally unless agreed otherwise.
- Arbitrators' fees must be reasonable and agreed in writing.
- Costs include arbitrator travel, witnesses' approved expenses, and reasonable legal fees for the successful party.
Monitoring and Reporting
- Arbitrators must submit monthly status reports to CDA.
Separability and Effectivity
- Invalid portions do not affect the rest of the Guidelines.
- Effective 15 days after publication in Official Gazette or national newspaper.