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WHEREAS, Section 6 and 21 of Executive Order No. 1008 empowers the Construction Industry Arbitration Commission (CIAC) “ to enunciate policies and prescribe rules and procedures for construction arbitration” and “to formulate necessary rules and procedures for construction arbitration”;

NOW, THEREFORE, WE THE UNDERSIGNED CIAC COMMISSIONERS, by virtue of the powers vested in us by law, do hereby promulgate the following amendments to the Rules of Procedure Governing Construction Arbitration, to wit:

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ARTICLE II

Request for Arbitration

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SECTION 4. Commencement of Arbitral Proceedings — The date when the Request for Adjudication is filed with the CIAC shall, for all intents and purposes, be deemed to be the date of commencement of the proceedings.

ARTICLE XII

Pleadings and Written Statements, Notifications or Communications

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SECTION 3. Confidentiality of Proceedings — The arbitration proceedings shall be considered confidential and shall not be published except (i) with the consent of the parties, or (ii) when necessary in case where resort to the Court is made under the Rules of Court. The term “arbitration proceedings” shall include communications to or from CIAC, the pleadings, applications and other papers filed with CIAC, sworn statements, documentary and testimonial evidence, reports and minutes taken of the proceedings, and other orders, decision, award or resolution issued by the Arbitrator(s).

ARTICLE XIV

Arbitration Proceedings

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SECTION 3. (Transferred to Art. II as Sec. 4)

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ARTICLE XV

The Arbitration Award

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SECTION 6. Termination of Jurisdiction — The jurisdiction of the Arbitrator(s) over the dispute is terminated upon the finality of the Award or Decision. Where an appeal is taken from a decision or award, and the appellate court directs a re-hearing or a hearing on the merits on any issue arising in the case, jurisdiction terminates only upon a final disposition of the case by the appellate court and/or a final determination of all incidental matters thereto.

SECTION 9. Motion for Correction of Award — Any of the parties may file a motion for correction of the award within fifteen (15) days from receipt thereof upon any of the following grounds:

i. an evident miscalculation of figures, a typographical or arithmetical error

ii. an evident mistake in the description of any party, person, date, amount, thing or property referred to in the award.

The filing of the motion for correction shall interrupt the running of the period for appeal.

A Motion for Reconsideration or for correction upon grounds other than those mentioned in this section shall not interrupt the running of the period for appeal.

ARTICLE XVI

Execution of Final Award

SECTION 1. Execution of Award. — A final arbitral award shall become executory upon the lapse of fifteen (15) days from receipt thereof by the parties.

SECTION 2. Appeal. — An appeal from a final award may be taken by any of the parties before the same becomes executory or within the period and in the manner provided by the Supreme Court.

SECTION 3. Entry of Judgment. — If a final award is appealed and a stay or restraining order is issued by the appellate court, such award shall become executory upon the issuance of the entry of judgment of the appellate court or upon the vacation of stay or restraining order without a preliminary injunction being issued.

SECTION 4. Effect of Appeal — The appeal shall not stay the execution of an award sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just.

SECTION 5. Execution and Enforcement of Awards -— As soon as a decision, order or award has become final and executory, the Arbitral Tribunal or Sole Arbitrator shall, with the concurrence of the CIAC, motu propio or on motion of the prevailing party issue a writ of execution requiring any sheriff or proper officer to execute said decision, order or award.

SECTION 6. Execution After Appeal — When a writ of execution is issued after appeal interposed in accordance with these Rules, the Arbitral Tribunal or Sole Arbitrator, with the concurrence of the CIAC, may require the prevailing party to post a sufficient bond executed to the adverse party in an amount equivalent to the amount of the award, conditioned upon restitution in case the award is reversed partially or totally.

SECTION 7. Stay of Execution Pending Appeal — Execution issued under the preceding Section may be stayed upon approval by the Arbitral Tribunal or Sole Arbitrator, with the concurrence of the CIAC, of a bond or counter-bond posted by the party against whom it is directed, conditioned upon the performance of the judgment of the appellate court in case it upholds the appealed award in whole or in part.

SECTION 8. Effect of Reversal of Award — Where an award is partially or totally reversed on appeal, the Arbitral Tribunal or Sole Arbitrator may, on proper motion, issue such order of restitution or reparation of damages as equity and justice may warrant under the circumstances.

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The foregoing amendments to the Rules shall take effect fifteen (15) days from filing and receipt of certified true copies hereof by the Office of the National Administrative Register, U.P. College of Law.

Adopted: 17 Jan. 2002

(SGD.) ENRIQUE P. INCIONG



Chairman



(SGD.) SEDFREY A. ORDOÑEZ







Member







(SGD.) ANTONIO I. GOCO







Member