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Dispute Resolution and Crisis/Incident Management Review Questions 1



 1. Under Republic Act No. 9285, what core legal principle gives conflicting parties the freedom to choose their own facilitators, select the venue, and make their own arrangements to resolve a dispute out of court?

A. Judicial Discretion

B. Party Autonomy

C. Legal Reciprocity

D. Sovereign Immunity


Answer; B



2. Alternative Dispute Resolution (ADR) mechanisms under RA 9285 are highly encouraged to resolve conflicts. However, which of the following subject matters is strictly EXCLUDED from the scope of RA 9285 and cannot be legally compromised?  

A. Disputes arising from a private construction contract

B. Commercial disagreements between two corporate entities

C. Criminal liability for a public offense

D. Boundary disputes between neighbors


Answer: C.



3. During a formal mediation proceeding under RA 9285, the respondent makes an oral admission regarding a financial discrepancy. If the mediation fails and a full trial begins, can the prosecutor introduce that admission as evidence?

A. Yes, because admissions against interest are always admissible.

B. Yes, provided the mediator submits a signed affidavit certifying the statement.

C. No, because all information and statements generated in ADR are strictly privileged and confidential.

D. No, unless the judge explicitly orders the mediator to testify under pain of contempt.


Answer: C. 



4. Which specific government agency was created by RA 9285 as an attached bureau of the Department of Justice (DOJ) tasked with promoting and monitoring ADR practices in the Philippines?

A. National Labor Relations Commission (NLRC)

B. Office for Alternative Dispute Resolution (OADR)

C. Construction Industry Arbitration Commission (CIAC)

D. Philippine Mediation Center (PMC)


Answer: B.



5. Under R.A. 9285, which of the following statements regarding information obtained in mediation proceedings is correct?

A. It is generally public record once the mediation ends.

B. It is confidential and inadmissible in any subsequent proceeding, subject to limited statutory exceptions.

C. It can be disclosed by the mediator as long as the court orders a verbal inquiry.

D. It is admissible in court provided the mediator gives written consent.


Answer: B) It is confidential and inadmissible in any subsequent proceeding, subject to limited statutory exceptions.

Explanation: Under Chapter 1, Section 9 of R.A. 9285, information obtained through mediation is privileged and confidential. It cannot be used as evidence in any judicial or quasi-judicial proceeding, except in specific exceptions provided by law (e.g., agreement in writing by all parties or prevention of a crime).



6. What is the primary characteristic of Court-Annexed Mediation (CAM) in the Philippine judicial system?

A. It is conducted by an independent private arbitrator selected by the litigants.

B. It is a court-integrated process conducted under the auspices of the court after a civil action has been filed.

C. It completely replaces the jurisdiction of trial courts over civil cases.

D. It is an informal proceeding handled exclusively by the Punong Barangay.


Answer: B) It is a court-integrated process conducted under the auspices of the court after a civil action has been filed.

Explanation: Court-Annexed Mediation (CAM) is an ADR process conducted under the supervision and control of the court through the Philippine Mediation Center (PMC) once a case falls under mandatory referral to mediation after the court acquires jurisdiction.



7. How are foreign arbitral awards enforced in the Philippines under R.A. 9285?

A) They are automatically enforced without needing court intervention.

B) They must be retried on the merits by a Regional Trial Court (RTC).

C) They are governed by the 1958 New York Convention upon application to the Regional Trial Court.

D) They require approval from the Department of Justice before court filing.


Answer: C) They are governed by the 1958 New York Convention upon application to the Regional Trial Court.

Explanation: Section 42 of R.A. 9285 explicitly adopts the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The application for recognition and enforcement is filed with the Regional Trial Court (RTC).



8.  Which of the following best describes the process of Early Neutral Evaluation (ENE)?

A) A binding trial presided over by an active judge before discovery begins.

B) An ad hoc procedure where a neutral third party evaluates the strengths and weaknesses of each party's case to facilitate settlement.

C) A mandatory conciliation process before the Lupon Tagapamayapa.

D) A formal proceeding resulting in a non-appealable arbitral award.


Answer: B) An ad hoc procedure where a neutral third party evaluates the strengths and weaknesses of each party's case to facilitate settlement.

Explanation: As defined under R.A. 9285, Early Neutral Evaluation is an ADR process wherein parties submit their dispute to a neutral evaluator who renders an expert assessment on the merits of the case to aid in settlement discussions.



9. What is the defining structure of a Mini-Trial under Philippine ADR rules?

A. A summary trial held before a municipal court judge without lawyers.

B. A structured settlement process where merits are presented to senior executives of the disputing parties, alongside a neutral panel member.

C. An informal hearing conducted by the Pangkat Tagapagkasundo.

D. A criminal proceeding limited to minor offenses punishable by fine only.


Answer: B) A structured settlement process where merits are presented to senior executives of the disputing parties, alongside a neutral panel member.

Explanation: A Mini-Trial is a voluntary, structured dispute resolution procedure in which summary presentations of the case are made to senior management officials of the involved parties (who have authority to settle), usually with the assistance of a neutral third party.



10. Under R.A. No. 9285, which statement best describes mediation as an alternative dispute resolution process?

A. It is a binding process in which the mediator imposes a decision on the parties.

B. It is a voluntary process in which a neutral mediator facilitates communication and assists the parties in reaching an amicable settlement.

C. It is a judicial proceeding in which the mediator determines which party is legally liable.

D. It is a process available only after a court has rendered a final judgment.


Answer: B. It is a voluntary process in which a neutral mediator facilitates communication and assists the parties in reaching an amicable settlement.

Under R.A. No. 9285, mediation is a voluntary process in which a mediator facilitates communication and negotiation between parties to help them reach a mutually acceptable settlement. The mediator does not impose a binding decision on the parties.



11. Under RA 7160 (Local Government Code), who initiates the barangay conciliation process upon receipt of a written complaint?

A. The Pangkat Tagapagkasundo Chair

B. The City or Municipal Trial Court Judge

C. The Punong Barangay

D. The Chief of Police


Answer: C) The Punong Barangay

Explanation: Under Section 410 of R.A. 7160, upon payment of the filing fee, the Punong Barangay shall issue a summons to the respondent and a notice to the complainant to appear before him for mediation. If mediation fails, the Pangkat Tagapagkasundo is constituted.



12. An amicable settlement or arbitration award agreed upon before the Lupon/Pangkat may be enforced by execution by the Lupon within what time frame?

A. Within 10 days from the date of settlement.

B. Within 6 months from the date of the settlement.

C. Within 1 year from the date of settlement.

D. Within 5 years from the date of settlement.


Answer: B. Within 6 months from the date of the settlement.

Explanation: Section 417 of R.A. 7160 provides that an amicable settlement or arbitration award may be enforced by execution by the Lupon within six (6) months from the date of settlement. After six months, it can only be enforced by action in the appropriate city or municipal court.



13. Under R.A. No. 8371 (Indigenous Peoples’ Rights Act), how are the customary laws and dispute-resolution practices of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) generally treated?

A. They are disregarded whenever a dispute involves a member of an ICC/IP.

B. They are recognized and respected, particularly in the settlement of disputes within the ICC/IP community, subject to applicable law.

C. They are valid only when approved by the Regional Trial Court.

D. They are automatically replaced by the Katarungang Pambarangay system.


Answer: B. They are recognized and respected, particularly in the settlement of disputes within the ICC/IP community, subject to applicable law.


Explanation: R.A. No. 8371 recognizes the rights of ICCs/IPs to use their own justice systems, conflict-resolution institutions, and customary laws and practices, consistent with the Constitution and other applicable laws. This avoids incorrectly attributing the protection of indigenous dispute-resolution systems to Section 7 of R.A. No. 9285.



14. Which of the following disputes is EXEMPT from the mandatory barangay conciliation requirement under R.A. 7160 before court filing?

A. A boundary dispute between neighbors residing in the same barangay.

B. An action where one of the parties is a corporation or a real party in interest that is a juridical person.

C. An unpaid collection of debt between two individuals in the same municipality.

D. A light physical injuries case involving residents of adjacent barangays in the same city.


Answer: B. An action where one of the parties is a corporation or a real party in interest is a juridical person.

Explanation: Section 408 of R.A. 7160 excludes disputes involving juridical entities (corporations, partnerships, etc.) from mandatory barangay conciliation because the Katarungang Pambarangay system is intended for personal disputes between natural persons living in close proximity.


Criminological Research Review Questions 1