PHILIPPINES Law and Practice Contributed by: Ricardo Ma P. G. Ongkiko, John Christian Joy A. Regalado and Ma Patricia B. Paz-Jacoba, SyCip Salazar Hernandez & Gatmaitan
8. Evidence 8.1 Collection and Submission of Evidence There are no specific rules that apply to the collec - tion and submission of evidence, including discovery, disclosure, privilege, use of witness statements and cross-examination. As mentioned in 7.1 Governing Rules , the parties are free to agree on the procedure to be followed by the arbitral tribunal during its con - duct of the proceedings and, in the absence of such agreement, the arbitral tribunal may conduct the arbi - tration in such manner as it considers appropriate. However, any party to the arbitration, whether domes - tic or foreign, may request Philippine courts to provide assistance in taking evidence at any time during the course of the arbitration proceedings, when the need arises. The party requiring assistance in the taking of evidence may petition the Philippine courts to direct any person for any of the following reasons: • to comply with a subpoena ad testificandum and/ or a subpoena duces tecum; • to appear as a witness before an officer for the tak - ing of their deposition upon oral examination, or by written interrogatories; • to allow physical examination of the condition of persons – or inspection of things or premises – and, when appropriate, to allow the recording and/ or documentation of the condition of persons, things or premises (ie, photographs, video and other means of recording/documentation); • to allow the examination and copying of docu - ments; or • to perform any similar acts. 8.2 Rules of Evidence There are no specific rules of evidence applicable to arbitration proceedings seated in the Philippines. It is generally accepted that the technical rules of evidence that apply in Philippine court proceedings are not applicable to arbitration. As mentioned in 7.3 Pow- ers and Duties of Arbitrators , the arbitrators have the power and discretion to determine the admissibility, relevance, materiality and weight of the evidence sub - mitted by the parties.
• Require the exclusion of any witness while any other witness is giving evidence. • Order interim measures of protection. Furthermore, in the absence of an agreement by the parties concerning the following circumstances, Phil - ippine law recognises the power of the arbitral tribunal to do the following. • Terminate the proceedings if the claimant fails to communicate their statement of claim. • Continue with the proceedings and make an award on the evidence before it if: (a) a respondent fails to communicate their state - ment of defence; or (b) a party fails to (i) appear at a hearing or (ii) produce documentary evidence. • Decide whether to: (a) hold oral hearings for the presentation of evi - dence (or oral arguments); or (b) conduct the proceedings on the basis of docu - ments and other materials. • Appoint expert witnesses. • Order the party to give the expert any relevant information or produce any relevant document, goods or other property for the expert’s examina - tion. 7.4 Legal Representatives A party may be represented by any person of their choice. Other than an authorisation in writing, Philip - pine laws do not further specify any particular quali - fication or requirement necessary for representing a party or appearing before an arbitral tribunal. This is true both for domestic and international commercial arbitration. A representative who is not authorised to practise law, however, is not authorised to appear as counsel in any Philippine court or any other quasi-judicial body – even if such appearance may be in relation to the arbitration in which they appear.
708 CHAMBERS.COM
Powered by FlippingBook