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A.M. No. 11-1-6-SC, January 11, 2011 (Expanded Coverage CAM & JDR) AM No. 15-06-10-SC, September

A.M. No. 11-1-6-SC, January 11, 2011 (Expanded Coverage CAM & JDR)

AM No. 15-06-10-SC, September 1,2017 (Revised Guidelines for Continuous Trial of Criminal Cases)

Civil Code Provisions on Compromise

Mediation takes place

I. After filing of the latest pleading

to the

conduct of CAM and JDR during pre-trial stage, II. Pre-trial proper to trial and judgment

Only after arraignment and the pre-trial/preliminary conference

after arraignment and the pre-trial/preliminary conference Duration CAM- 30 days plus another 30 days extention ,

Duration

CAM- 30 days plus another 30 days extention , JDR- 30 days / 60 days: with extention

Non-extendible period of 30 calendar days from the date of referral by the court to the PMC Unit, after the lapse of the mediation period or if mediation fails, the trial shall proceed

period or if mediation fails, the trial shall proceed Civil Aspect of Criminal Cases I. All
period or if mediation fails, the trial shall proceed Civil Aspect of Criminal Cases I. All

Civil Aspect of Criminal Cases

I. All civil cases and the civil liability of criminal cases covered by the Rule on Summary Procedure , including the civil liability for violation of B.P. 22, except cases

which may not be compromised under Art 2035 CC

II. Civil Aspect of estafa, theft

Criminal cases with liabilities civil in nature

I. Crimes where payment may prevent criminal prosecution or may extinguish the criminal liability such as;

a. B.P. Blg. 22;

b. SSS Law (R.A. No. 1161, as amended by R.A No. 8282)

c. PAG-IBIG Law (R.A. No. 9679).

II. Crimes against property under Title 10 of the Revised Penal Code (RPC), where the obligation may be civil in nature

a. Theft under Art. 308, RPC, cognizable by 1st level courts

b. Estafa under Art. 315(1 ), RPC, except estafa under Art 315 (2) and (3) c. Other forms of swindling under Art. 316, RPC

d. Swindling of a minor under Art. 317,RPC

e. Other deceits under Art. 318, RPC; and

f. Malicious mischief under Art. 327, RPC.

Art. 2034 There may be a compromise upon the civil liability arising from an offense ; but such compromise shall not extinguish the public action for the imposition of the legal penalty

Cases referred for Mediation

III. Civil Aspect of libel,

IV. The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code.

III. Crimes against honor under Title 13 of the RPC, where the liability may be civil in nature

a. Libel by means of writings or similar means under Art. 355, RPC;

b. Threatening to publish and offer to present such publication for a compensation under Art. 356, RPC;

c. Prohibited publication of acts ref erred to in the course of official proceedings under Art. 357, RPC;

d. Grave Slander (Grave Oral Defamation) of serious and insulting nature under Art. 358, par. 1, RPC;

e. Simple Slander (Oral Defamation) - not of a serious and insulting nature under Art. 358, par. 2, RPC;

f. Grave Slander by Deed - of a serious nature under Art. 359, par. 1, RPC;

g. Simple Slander by Deed - not of a serious nature under Art. 359, par. 2, RPC;

h. Incriminating innocent person under Art. 363, RPC;

i. Infriguing against honor under Art. 364, RPC;

IV. Criminal negligence under Title 14, RPC, where the liability may be civil in nature ; and

Other Cases

V. Special proceedings for the settlement of estates.

VI. All civil and criminal cases filed with a

certificate to file action issued by the Punong Barangay or the Pangkat ng

Tagapagkasundo under the Revised Katarungang Pambarangay Law.

VII. The civil aspect of less grave felonies punishable by correctional penalties not exceeding 6 years imprisonment, where the offended party is a private person;

V. Libel under R.A. 10175 (Cybercrime Prevention Act

of 2012) where the liability may be civil in nature;

VI. Intellectual property rights cases where the liability may be civil in nature.

 

VIII. All civil cases, probate proceedings, forcible entry and unlawful, cases involving title to or possession of real property or an interest therein, and habeas corpus cases decided by the first level courts in the absence of the Regional Trial Court judge, brought on appeal from the exclusive and original jurisdiction granted to the first level courts.

   
 

The following cases shall not be referred to CAM and JDR:

Art. 2035. No compromise upon the following questions shall be valid;

1. Civil cases which by law cannot be compromised (Article 2035, New Civil Code);

 

1) The civil status of persons;

2. Habeas Corpus petitions;

2) The validity of a marriage or a legal separation

3. All cases under Republic Act No. 9262 (Violence against Women and Children);

3) Any ground for legal separation;(

4. Cases with pending application for Restraining Orders/Preliminary Injunctions.

Except those cases mentioned above, criminal cases subject to the Rule on Summary Procedure shall not be referred to mediation.

4) Future support

Cases not referred

5) The jurisdiction of courts;

6) Future legitime.

However, in cases covered under 1, 3 and 4 where the parties inform the court that they have agreed to undergo mediation on some aspects thereof, e.g., custody of minor children, separation of property, or support pendente lite, the court shall refer them to mediation