Cases NOT covered by CAM, JDR
A.M. No. 11-1-6-SC-PHILJA: CONSOLIDATED AND REVISED GUIDELINES TO IMPLEMENT THE EXPANDED COVERAGE OF COURT-ANNEXED MEDIATION [CAM] AND JUDICIAL DISPUTE RESOLUTION [JDR]. The guidelines to the implementation of the expanded coverage of CAM and JDR also provide a list of cases which cannot be referred to or made subject to CAM or JDR:
[1] The civil status of persons (Article 2035, New Civil Code);
[2] The validity of a marriage or a legal separation (Article 2035, New Civil Code);
[3] Any ground for legal separation (Article 2035, New Civil Code);
[4] Future support (Article 2035, New Civil Code);
[5] The jurisdiction of courts (Article 2035, New Civil Code);
[6] Future legitime (Article 2035, New Civil Code);
[7] All criminal cases not covered by the enumeration here: www.projectjurisprudence.com;
[8] Habeas Corpus petitions, except those decided by the first level courts in the absence of the Regional Trial Court judge, that are brought up on appeal from the special jurisdiction granted to the first level courts under Section 35 of the Judiciary Reorganization Act of 1980;
[9] All cases under Republic Act No. 9262;
[10] Cases with pending application for Restraining Orders; and
[11] Cases with pending application for Preliminary Injunctions.
[3] Any ground for legal separation (Article 2035, New Civil Code);
[4] Future support (Article 2035, New Civil Code);
[5] The jurisdiction of courts (Article 2035, New Civil Code);
[6] Future legitime (Article 2035, New Civil Code);
[7] All criminal cases not covered by the enumeration here: www.projectjurisprudence.com;
[8] Habeas Corpus petitions, except those decided by the first level courts in the absence of the Regional Trial Court judge, that are brought up on appeal from the special jurisdiction granted to the first level courts under Section 35 of the Judiciary Reorganization Act of 1980;
[9] All cases under Republic Act No. 9262;
[10] Cases with pending application for Restraining Orders; and
[11] Cases with pending application for Preliminary Injunctions.
What are the exceptions? It is of utmost importance, however, to point out that in cases falling under [1], [2], [3], [4], [5], [6], [9], [10] and [11], the parties may inform the court that they have agreed to undergo mediation on some aspects thereof. Examples of these "some aspects" are custody of minor children, separation of property, support pendente lite and other small matters that are not considered to be imbued with "the highest public interest" due to lack of imminent danger.
