Legislative and Judicial Foundations for ADR
- RA 876 (1953) allowed parties to submit controversies to arbitration either at the time of dispute or as agreed in contracts.
- The Supreme Court authorized court-annexed mediation and incorporated other ADR forms like pre-trial, discovery, barangay certification, and small claims procedures to promote dispute resolution outside formal litigation.
- RA 9285 (The ADR Act of 2004) established State policy to promote party autonomy and respect parties' freedom to arrange dispute resolution.
- The Supreme Court’s Special Rules on ADR (2009) encourage arbitration and mediation to achieve speedy, efficient dispute resolution minimizing court intervention.
Policy Objectives and State Support for ADR
- ADR is promoted to provide efficient, impartial justice, reduce court dockets, and offer less expensive, less tedious, and less complex dispute resolution.
- This is especially advantageous for large-scale, capital-intensive infrastructure and development projects to create an inviting climate for private investments.
Implementing Agency and Issuance of Rules
- The National Economic and Development Authority (NEDA), in coordination with appropriate government agencies, is responsible for issuing Implementing Rules and Regulations (IRR).
- The IRR shall be binding on all government agencies and will guide LGUs entering into PPP, BOT contracts, and JVAs regarding ADR provisions.
Information Campaign and Funding
- The Department of Justice (DOJ) through the Office of the Alternative Dispute Resolution (OADR), NEDA through the PPP Center, and government media will conduct a massive information campaign on the ADR mandate.
- The campaign targets national and local government agencies, the private sector, and the general public to raise awareness of ADR mechanisms.
- Initial funding will be shared by PPP Center, NEDA, OADR, and concerned agencies from their current appropriations.
- Subsequent funding will be included in these agencies’ regular appropriations.
Repealing Clause
- All previous issuances, orders, rules, and regulations inconsistent with this Executive Order are revoked or modified accordingly.
Separability Clause
- If any provision is declared invalid or unconstitutional, the remaining provisions remain valid and effective.
Effectivity Clause
- The Executive Order takes effect immediately upon publication in a newspaper of general circulation.