MODULE

ALTERNATIVE DISPUTE RESOLUTION (ADR)

1. REPUBLIC ACT NO. 9285

- This Act is known as the "Alternative Dispute Resolution Act of 2004."
2. POLICY OF THE STATE REGARDING ALTERNATIVE DISPUTE
RESOLUTION (ADR)
- It is hereby declared the policy of the State to actively promote party
autonomy in the resolution of disputes or the freedom of the party to
make their own arrangements to resolve their disputes.
- Towards this end, the State shall encourage and actively promote the
use of Alternative Dispute Resolution (ADR) as an important means to
achieve speedy and impartial justice and de-clog court dockets.
- As such, the State shall provide means for the use of ADR as an efficient
tool and an alternative procedure for the resolution of appropriate
cases.
- Likewise, the State shall enlist active private sector participation in the
settlement of disputes through ADR.
3. DOES RA 9285 LIMITS THE POWER OF THE SUPREME COURT TO ADOPT
ANY ADR SYSTEM?
- No.
- This Act shall be without prejudice to the adoption by the Supreme
Court of any ADR system, such as mediation, conciliation, arbitration,
or any combination thereof as a means of achieving speedy and efficient
means of resolving cases pending before all courts in the Philippines which
shall be governed by such rules as the Supreme Court may approve from
time to time. (Sec. 2, RA 9285)
4. ALTERNATIVE DISPUTE RESOLUTION
- Alternative Dispute Resolution System means 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 under RA 9285, 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. (Sec. 3, par.
a, RA 9285)
5. ARBITRATION
- Arbitration means a voluntary dispute resolution process in which one or
more arbitrators, appointed in accordance with the agreement of the parties,
or rules promulgated pursuant to RA 9285, resolve a dispute by rendering an
award. (Sec. 3, par. d, RA 9285)
- Note: Award means any partial or final decision by an arbitrator in resolving
the issue or controversy.
6. ARBITRATOR
- Arbitrator means the person appointed to render an award, alone or
with others, in a dispute that is the subject of an arbitration agreement.
(Sec. 3, par. e, RA 9285)
7. EARLY NEUTRAL EVALUATION
- This means an ADR process wherein parties and their lawyers are
brought together early in a pre-trial phase to present summaries of their
cases and receive a nonbinding assessment by an experienced, neutral
person, with expertise in the subject in the substance of the dispute. (Sec. 3,
par. n, RA 9285)
- Note: Non-binding assessment / non-binding expert evaluation is the
appraisal and giving of advice as to the facts of the dispute, the law and, in
some cases, possible
 or desirable outcomes by an ARD Practitioner with expertise in the subject matter
of the dispute.

8. MEDIATION
- Mediation means a voluntary process in which a mediator, selected by the
disputing parties, facilitates communication and negotiation, and assist
the parties in reaching a voluntary agreement regarding a dispute. (Sec.
3, par. q, RA 9285)
9. MEDIATOR
- Mediator means a person who conducts mediation (Sec 3 par r RA 9285)
10. MEDIATION PARTY
- This means a person who participates in a mediation and whose consent
is necessary to resolve the dispute. (Sec. 3, par. s, RA 9285)
11. MEDIATION-ARBITRATION
- "Mediation-Arbitration" or Med-Arb is a step dispute resolution process
involving both mediation and arbitration. (Sec. 3, par. t, RA 9285)
12. MINI-TRIAL
- This means a structured dispute resolution method in which the merits of a
case are argued before a panel comprising senior decision makers with or
without the presence of a neutral third person after which the parties seek a
negotiated settlement (Sec. 3, par. u, RA 9285)
13. ARBITRATION, MEDIATION AND CONCILIATION
- Arbitration, mediation and conciliation are the main Alternative Dispute
Resolution Mechanism which is generally adopted by the people to
resolve their disputes in an informal manner.
- They try to reach a solution by settlement or negotiation with the
assistance of a third neutral party and have turned out to be an effective
alternative to the litigation process.
 - Arbitration is a process where the parties submit their case to a
neutral third party who on the basis of discussion determine the dispute
and comes to a solution.
- Mediation and conciliation both are an informal process. Whereas, arbitration
is more formal as compared to them.
- In mediation, the mediator generally sets out alternatives for the parties
to reach out an agreement. The main advantage of the mediation is that the
settlement is made by the parties themselves rather than a third
party. It is not legally binding on the parties. In addition, the basic motive of
mediation is to provide opportunities to parties to negotiate and come to a
final solution catering the needs of both sides.
- Dispute resolution through conciliation involves the assistance of a
neutral third party who plays an advisory role in reaching an
agreement.
- The process adopted by all the three are different but, the main purpose is
to resolve the dispute in a way where the interest of the parties is
balanced.
14. ADR PROVIDER
- "ADR Provider" means institutions or persons accredited as mediator,
conciliator, arbitrator, neutral evaluator, or any person exercising
similar functions in any Alternative Dispute Resolution system.
- This is without prejudice to the rights of the parties to choose nonaccredited
individuals to act as mediator, conciliator, arbitrator, or neutral evaluator of
their dispute. (Sec. 3, par. b, RA 9285)
- List of ADR Providers in the
Philippines:
[Link]
15. LIABILITY OF ADR PROVIDERS/PRACTITIONERS
- The ADR provides/practitioners shall have the same civil liability for acts
done in the performance of their official duties as that of public officers as
provided in Section 38 (1), Chapter 9, Book 1 of the Administrative
Code of 1987, upon a
 clear showing of bad faith, malice or gross negligence. (Article 1.5, IRR,
RA 9285)
- Section 38 (1), Chapter 9, Book 1 of the Administrative Code of 1987 states
that any public officer who, without just cause, neglects to perform a duty
within a period fixed by law or regulation, or within a reasonable period if
none is fixed, shall be liable for damages to the private party concerned
without prejudice to such other liability as may be prescribed by law.
- Section 38 (1), Chapter 9, Book 1 of the Administrative Code of 1987 also
states that the head of a department or a superior officer shall not be civilly
liable for the wrongful acts, omissions of duty, negligence, or misfeasance of
his subordinates, unless he has actually authorized by written order the
specific act or misconduct complained of.
- The administrative Code of the
Philippines:
16. WHAT ARE THE CASES WHEREIN REPUBLIC ACT NO. 9285 DOES
NOT APPLY?
- The provisions of RA 92856 shall not apply to resolution or settlement of
the following:
a. Labor disputes covered by Presidential Decree No. 442, otherwise known
as the Labor Code of the Philippines, as amended and its Implementing
Rules and Regulations;
b. The civil status of persons;
c. The validity of a marriage;
d. Any ground for legal separation;
e. The jurisdiction of courts;
f. Future legitime;
g. Criminal liability;
 h. Those which by law cannot be compromised; and
Those disputes referred to court-annexed mediation. (Article 1.3, IRR, RA 9285)

THE OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION

1. Office for Alternative Dispute Resolution

- The Office for Alternative Dispute Resolution (OADR) is as an agency attached to
the Department of Justice.
- It shall have a Secretariat and shall be headed by an Executive Director, who shall
be appointed by the President of the Philippines, taking into consideration the
recommendation of the Secretary of Justice. (Article 2.1., IRR, RA 9285)
2. POWERS OF THE OADR
- The OADR shall have the following powers:
a. To act as appointing authority of mediators and arbitrators when the
parties agree in writing that it shall be empowered to do so;
b. To conduct seminars, symposia, conferences and other public fora and
publish proceedings of said activities and relevant materials/information that
would promote, develop and expand the use of ADR;
c. To establish an ADR library or resource center where ADR laws, rules and
regulation, jurisprudence, books, articles and other information about ADR in the
Philippines and elsewhere may be stored and accessed;
d. To establish training programs for ADR providers/practitioners, both in
the public and private sectors; and to undertake periodic and continuing
training
 programs for arbitration and mediation and charge fees on participants. It
may do so in conjunction with or in cooperation with the Integrated Bar of
the Philippines (IBP), private ADR organizations, and local and foreign
government offices and agencies and international organizations;
e. To certify those who have successfully completed the regular
professional training programs provided by the OADR;
f. To charge for services rendered such as, among others, for
training and certifications of ADR providers;
g. To accept donations, grants and other assistance from local and
foreign sources; and
h. To exercise such other powers as may be necessary and proper to
carry into effect the provisions of the ADR Act. (Art. 2.2., IRR, RA 9285)
3. FUNCTIONS OF OADR
- The OADR shall have the following functions:
a. To promote, develop and expand the use of ADR in the private
and public sectors through information, education and communication;
b. To monitor, study and evaluate the use of ADR by the private and
public sectors for purposes of, among others, policy formulation;
c. To recommend to Congress needful statutory changes to develop,
strengthen and improve ADR practices in accordance with
international professional standards;
d. To make studies on and provide linkages for the development,
implementation, monitoring and evaluation of government and
private ADR programs and secure information about their respective
administrative rules/procedures, problems encountered and how they
were resolved;
e. To compile a list or roster of foreign or international ADR
providers/practitioners, who have undergone training by the OADR, or
by such
 training providers/institutions recognized or certified by the OADR as
performing functions in any ADR system. The list or roster shall include
the addresses, contact numbers, e-mail addresses, ADR service/s
rendered (e.g. arbitration, mediation) and experience in ADR of the ADR
providers/practitioners;
f. To perform such other functions as may be assigned to it. (Art. 2.3., IRR,
RA 9285)

4. DIVISIONS OF OADR
- The OADR shall have the following staff and service divisions, among others:
a. Secretariat – shall provide necessary support and discharge such other
functions and duties as may be directed by the Executive Director.
b. Public information and Promotion Division – shall be charged with
the dissemination of information, the promotion of the importance and public
acceptance of mediation, conciliation, arbitration or any combination thereof
and other ADR forms as a means of achieving speedy and efficient means of
resolving all disputes and to help in the promotion, development and
expansion of the use of ADR.
c. Training Division – shall be charged with the formulation of effective
standards for the training of ADR practitioners; conduct of training in
accordance with such standards; issuance of certifications of training to ADR
practitioners and ADR service providers who have undergone the professional
training provided by the OADR; and the coordination of the development,
implementation, monitoring and evaluation of government and private sector
ADR programs.
d. Records and Library Division – shall be charged with the establishment
and maintenance of a central repository of ADR laws, rules and
regulations,
 jurisprudence, books, articles, and other information about ADR in the Philippines
and elsewhere. (Art. 2.4., IRR, RA 9285)
5. ADVISORY COUNCIL
- There is also created an Advisory Council composed of a representative from
each of the following:
a. Mediation profession;
b. Arbitration profession;
c. ADR organizations;
d. IBP; and
e. Academe.
- The members of the Council, who shall be appointed by the Secretary of Justice
upon the recommendation of the OADR Executive Director, shall choose a
Chairman from among themselves. (Art. 2.5., IRR, RA 9285)
6. ROLE OF THE ADVISORY COUNCIL
- The Advisory Council shall advise the Executive Director on policy,
operational and other relevant matters.
- The Council shall meet regularly, at least once every two (2) months, or upon call by the
Executive Director. (Art. 2.6., IRR, RA 9285)
 MEDIATION

1. TERMS APPLICABLE TO INTERNATIONAL COMMERCIAL ARBITRATION

a. Ad hoc Mediation means any mediation other than institutional or court-
annexed.
b. Institutional Mediation means any mediation process conducted under the
rules of a mediation institution.
c. Court-Annexed Mediation means mediation process conducted under the
auspices of the court and in accordance with Supreme Court approved
guidelines, after such court has acquired jurisdiction of the dispute.
d. Court-Referred Mediation means mediation ordered by a court to be
conducted in accordance with the agreement of the parties when an action is
prematurely commenced in violation of such agreement.
e. Certified Mediator means a mediator certified by the Office for ADR as
having successfully completed its regular professional training program.
f. Mediation means a voluntary process in which a mediator, selected by the
disputing party voluntary agreement regarding a dispute.
g. Mediation Party means a person who participates in a mediation and
whose consent is necessary to resolve the dispute. Mediator means a person
who conducts mediation.
 h. Non-Party Participant means a person, other than a party or mediator,
who participates in a mediation proceeding as a witness, resource person or
expert. (Rule 2, par. B, IRR, RA 9285)
2. SCOPE OF APPLICATION OF THE IMPLEMENTING RULES
- These Rules apply to voluntary mediation, whether ad hoc or
institutional, other than court-annexed mediation and only in default of an
agreement of the parties on the applicable rules.
- These Rules shall also apply to all cases pending before an administrative
or quasi- judicial agency that are subsequently agreed upon by the parties
to be referred to mediation. (Article 3.1., IRR, RA 9285)
4. STATE POLICY ON MEDIATION
- In applying and construing the provisions of these Rules, consideration must be
given to the need to promote candor of parties and mediators through
confidentiality of the mediation process, the policy of fostering prompt,
economical and amicable resolution of disputes in accordance with
principles of integrity of determination by the parties and the policy that the
decision-making authority in the mediation process rests with the parties.
- A party may petition a court before which an action is prematurely
brought in a matter which is the subject of a mediation agreement, if at
least one party so requests, not later than the pre-trial conference or
upon the request of both parties thereafter, to refer the parties to
mediation in accordance with the agreement of the parties. (Article 3.2., IRR,
RA 9285)
 SELECTION OF A MEDIATOR

1. PARTIES RIGHT TO SELECT A MEDIATOR

- The parties have the freedom to select a mediator.
- The parties may request the Office for Alternative Dispute Resolution (OADR) to
provide them list or roster or the resumes of its certified mediators. The
OADR may be requested to inform the mediator of his/her selection. (Article
3.3., IRR, RA 9285)
2. MEDIATOR’S SPECIAL QUALIFICATIONS BY BACKGROUND OR PROFESSION
- As a Rule, ADR act does not require that a mediator shall have special
qualifications by background or profession UNLESS the special
qualifications of a mediator are required in the mediation agreement or
by the mediation parties. (Sec. 13, RA 9285)
3. WAIVING PARTY’S RIGHT TO PARTICIPATE IN MEDIATION?
- A party may waive his right to participate in mediation except as
otherwise provided in RA 9285, a party may designate a lawyer or any other
person to provide assistance in the mediation.
- A lawyer of this right shall be made in writing by the party waiving it.
- A waiver of participation or legal representation may be rescinded any time.
(Sec. 14, RA 9285)
 - Note: Rescind means to revoke or cancel
4. MEDIATOR BE REPLACED
- If the mediator selected is unable to act as such for any reason, the parties
may, upon being informed of such fact, select another mediator. (Article
3.4., IRR, RA 9285)

5. GROUNDS WHEREIN A MEDIATOR MAY REFUSE OR WITHDRAW

- A mediator may refuse from acting as such, withdraw or may be
compelled to withdraw from mediator proceedings under the following
circumstances:
a. If any of the parties so requests the mediator to withdraw;
b. The mediator does not have the qualifications, training and
experience to enable him/her to meet the reasonable expectations of the
parties;
c. Where the mediator's impartially is in question;
d. If continuation of the process would violate an ethical standard;
e. If the safety of any of the parties would be jeopardized;
f. If the mediator is unable to provide effective services;
g. In case of conflict of interest; and
h. In any of the following instances, if the mediator is satisfied that:
 One or more of the parties is/are not acting in good faith;
 The parties' agreement would be illegal or involve the commission
of a crime;
 Continuing the dispute resolution would give rise to an
appearance of impropriety;
 Continuing with the process would cause significant harm to a
non- participating person or to the public; or
  Continuing discussion would not be in the best interest of the parties,
their minor children or the dispute resolution process. (Article 3.5.,
IRR, RA 9285)

ETHICAL CONDUCT OF A MEDIATOR

1. COMPETENCE
- It is not required that a mediator shall have special qualifications by
background or profession unless the special qualifications of a mediator shall:
a. maintain the continually upgrade his/her professional competence in
mediation skills;
b. ensure that his/her qualifications, training and experience are known to
and accepted by the parties; and
c. serve only when his/her qualifications, training and experience enable
him/her to meet the reasonable expectations of the parties and shall not
hold himself/herself out or give the impression that he/she does not have.
- Upon the request of a mediation party, an individual who is requested to serve
as mediator shall disclose his/her qualifications to mediate a dispute. (Article
3.5., IRR, RA 9285)
2. A MEDIATOR SHALL MAINTAIN IMPARTIALITY.
a. Before accepting a mediation, an individual who is requested to serve as a
mediator shall:
  make an inquiry that is reasonable under the circumstances to
determine whether there are known facts that a reasonable individual
would consider likely to affect the impartiality of the mediator,
including a financial or personal interest in the outcome of the
mediation and any existing or past relationship with a party of
foreseeable participant in the mediation; and
 disclose to the mediation parties any such fact known or learned as
soon as practical before accepting a mediation.
b. If a mediator learns any fact described in paragraph (a) of this Article after
accepting a mediation, the mediator shall disclose it as soon as practicable
to the mediation parties. (Article 3.7., IRR, RA 9285)
3. CONFIDENTIALITY
- A mediator shall keep in utmost confidence all confidential information
obtained in the course of the mediation process.
a. A mediator shall discuss issues of confidentiality and the extent of
confidentiality provided in any private sessions or caucuses that the
mediator holds with a party. (Article 3.8., IRR, RA 9285)
4. CONSENT AND SELF-DETERMINATION
- A mediator shall make reasonable efforts to ensure that each party
understands the nature and character of the mediation proceeding including
private caucuses, the issues, the available options, the alternatives to non-
settlement, and that each party is free and able to make whatever choices
he/she desires regarding participation in mediation generally and regarding
specific settlement options.
- If a mediator believes that a party, who is not represented by counsel, is unable
to understand, or fully participate, the mediation proceedings for any reason,
a mediator may either:
 a. limit the scope of the mediation proceedings in a manner consistent with
the party's ability to participate, and/or recommend that the party obtain
appropriate assistance in order to continue with the process; or
b. terminate the mediation proceedings.
- A mediator shall recognize and put in mind that the primary responsibility of
resolving a dispute and the shaping of a voluntary and uncoerced settlement
rests with the parties. (Article 3.9., IRR, RA 9285)
- Separation of Mediation from Counseling and Legal Advice Except in evaluative
mediation or when the parties so request, a mediator shall:
a. refrain from giving legal or technical advice and otherwise engaging in
counseling or advocacy; and
b. abstain from expressing his/her personal opinion on the rights and duties
of the parties and the merits of any proposal made.
- Where appropriate and where either or both parties are not represented by
counsel, a mediator shall;
a. recommend that the parties seek outside professional advice to help them
make informed decision and to understand the implication of any
proposal; and
b. suggest that the parties seek independent legal and/or technical advice
before a settlement agreement is signed.
c. without the consent of parties, and for a reasonable time under the
particular circumstance, a mediator who also practices another profession
shall not establish a professional relationship in that other profession with
one of the parties, or any person or entity, in a substantially and factually
related matter. (Article 3.10., IRR, RA 9285)
5. CHARGING OF FEES.
- With respect to charging of fees:
 a. A mediator shall fully disclose and explain to the parties the basis of cost,
fees and charges.
b. The mediator who withdraws from the mediation shall return to the parties
any unearned fee and unused deposit.
c. A mediator shall not enter into a fee agreement, which is contingent upon
the results of the mediation or the amount of the settlement. (Article 3 11
IRR RA 9285)

6. PROMOTION OF RESPECT AND CONTROL OF ABUSE OF PROCESS.

- The mediator shall encourage mutual respect between the parties, and shall
take reasonable steps, subject to the principle of self-determination, to limit
abuses of the mediation process. (Article 3.12., IRR, RA 9285)
7. SOLICITATION OR ACCEPTANCE OF ANY GIFT.
- No mediator or any member of a mediator’s immediate family or his/her agent
shall request, solicit, receive or accept any gift or any type of compensation
other than the agreed fee and expenses in connection with any matter
coming before the mediator. (Article 3.13., IRR, RA 9285)
 ROLE OF PARTIES AND THEIR COUNSELS IN MEDIATION

1. MAY A PARTY DESIGNATE A LAWYER TO ASSIST HIM IN MEDIATION?

- Yes, except as otherwise provided by the ADR Act or by their Rules, a party
may designate a lawyer or any other person to provide assistance in the
mediation.
- A waiver of this right shall be made in writing by the party waiving it.
- A waiver of participation or legal representation may be rescinded at any
time. (Article 3.14., IRR, RA 9285)
2. ROLES OF A COUNSEL IN MEDIATION PROCEEDINGS
a. The lawyer shall view his/her role in the mediation as a collaborator with the
other lawyer in working together toward the common goal of helping their
clients resolve their differences to their mutual advantage.
b. The lawyer shall encourage and assist his/her client to actively participate in
positive discussions and cooperate in crafting an agreement to resolve their
dispute.
 c. The lawyer must assist his/her client to comprehend and appreciate the
mediation process and its benefits, as well as the client’s greater personal
responsibility for the success of mediation in resolving the dispute.
d. d. In preparing for participation in mediation, the lawyer shall confer and
discuss with his/her client the following:
 The mediation process as essentially a negotiation between the
parties assisted by their respective lawyers, and facilitated by a
mediator, stressing it its difference from litigation, its advantages and
benefits, the clients heightened role in mediation and responsibility
for its success and explaining the role of the lawyer in mediation
proceedings.
 The substance of the upcoming mediation such as;
 The substantive issues involved in the dispute and their
prioritization in terms of importance to his/her client’s real
interests and needs.
 The study of other party’s position in relation to the issues with
a view to understanding the underlying interests, fears,
concerns and needs;
 The information or facts to be gathered or sought from the
other side or to be exchanged that are necessary for informed
decision- making;
 The possible options for settlement but stressing the need to
be open-minded about other possibilities; and
 The best, worst and most likely alternative to a non-negotiated
settlement. (Article 3.15., IRR, RA 9285)
3. OTHER MATTERS A COUNSEL MUST DO TO ASSIST IN THE MEDIATION?
a. To assist in the Mediation, the lawyer:
  shall give support to the mediator so that his/her client will fully
understand the rules and processes of mediation;
 Shall impress upon his/her client the importance of speaking for
himself/herself and taking responsibility for making decisions during the
negotiations within the mediation process.;
 May ask for a recess in order to give advice or suggestions to his/her
client in private, if he/she perceives that his/her client is unable to
bargain effectively; and
 shall assist his/her client and the mediator put in writing the terms of the
settlement agreement that the parties have entered into. That lawyers
shall see to it that the terms of the settlement agreement are not
contrary to law, morals, good customs, public order or public policy.
(Article 3.16., IRR, RA 9285)

CONDUCT OF MEDIATION

1. WHAT ARE THE ARTICLES TO BE CONSIDERED IN THE CONDUCT

OF MEDIATION?
- The articles to be considered in the conduct of Mediation are the following:
a. The mediator shall not make untruthful or exaggerated claims about the
dispute resolution process, its costs and benefits, its outcome or the
mediator’s qualifications and abilities during the entire mediation process.
b. The mediator shall hold the parties reach a satisfactory resolution to their
dispute but has no authority to impose a settlement on the parties.
 c. The parties shall personally appear for mediation and may be assisted by a
lawyer. A party maybe represented by an agent who must have full
authority to negotiate and settle the dispute.
d. The mediation process shall, in general, consists of the following stages:
 opening statement of the mediator
 individual narration by the parties;
 exchange by the parties;
 summary of issues;
 generation and evaluation of options; and
 closure
e. The mediation proceeding shall be held in private. Person, other than the
parties, their representatives and mediator, may attend only with the
consent of all the parties,
f. The mediation shall be closed:
 by the execution of a settlement agreement by the parties;
 by the withdrawal of any party from mediation; and
 by the written declaration of the mediator that any further effort
at mediation would not be helpful. (Article 3.17., IRR, RA 9285)
2. WHERE IS THE PLACE OF MEDIATION? T
- The parties are free to agree on the place of mediation. Failing such
agreement, the place of mediation shall be any place convenient and
appropriate to all parties. (Article 3.18., IRR, RA 9285)

EFFECT OF AGREEMENT TO SUBMIT A DISPUTE TO MEDIATION UNDER

INSTITUTIONAL RULES
1. WHAT DOES AN AGREEMENT TO SUBMIT A DISPUTE TO MEDIATOR BY
AN INSTITUTION INCLUDE?
- An agreement to submit a dispute to mediation by an institution shall include an
agreement to be bound by the internal mediation and administrative policies of
such institution.
- Further, an agreement to submit a dispute to mediation under institutional mediation
rules shall be deemed to include an agreement to have such rules govern the
mediation of the dispute and for the mediator, the parties, their respective counsels
and nonparty participants to abide by such rules (Article 3 19 IRR RA 9285)