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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The third Thursday of October of every year is declared as “Conflict Resolution Day”, by virtue of Proclamation No. 1152, series of 2006.
Proclamation No. 1152, series of 2006 provides that Conflict Resolution Day, usually celebrated in various parts of the world in October, is successful in promoting awareness of mediation, arbitration, conciliation and other creative and peaceful means of resolving conflict, and in recognizing the significant contributions of peaceful conflict resolvers.
The Proclamation says:
“NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the power vested in me by law, do hereby declare the third (3rd) Thursday of October of every year as “Conflict Resolution. Day” for the purpose of celebration and education. Conflict resolvers and advocates in the entire country are enjoined to celebrate this day with appropriate ceremonies, activities, and educational programs.”
Section 16, Article III of the 1987 Constitution guarantees the right of all persons to a speedy disposition of their cases before all judicial, quasi-judicial or administrative bodies.
Executive Order No. 523, Series of 2006
Executive Order No. 523, Series of 2006 also known as Instituting the Use of Alternative Dispute Resolution in the Executive Department of Government provides that all administrative bodies shall promote the use of modes of alternative dispute resolution such as, but not limited to, mediation, conciliation and arbitration as part of their practice in resolving disputes filed before them. (Section 1, E.O. No. 523, s. 2006)
The Alternative Dispute Resolution Act of 2004
Republic Act No. 9285 or the Alternative Dispute Resolution Act of 2004 declares it as a policy of the State to actively promote and encourage the use of alternative dispute resolution (ADR) as an important means to achieve speedy and impartial justice and to declog court dockets.
Alternative dispute resolution (ADR) is an efficient tool and an alternative procedure for the resolution of appropriate cases.
Alternative dispute resolution system refers to “any process or procedure used to resolve a dispute or controversy, other than by adjudication of a presiding judge of a court or an officer of a government agency, as defined in this Act, in which a neutral third party participates to assist in the resolution of issues, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof.” (Section 2, par. a, R.A. No. 9285)
Jurisprudence says:
“In an effort to declog the courts of an increasing volume of work load and, most importantly, in order to accord contending parties with expeditious alternatives for settling disputes, the law authorizes, indeed encourages, out of court settlements or adjudications. (La Naval Drug Corporation v. Court of Appeal, G. R. No. 103200, August 31, 1994)
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