PHILIPPINES Law and Practice Contributed by: Leland R Villadolid J, Gilberto D Gallos, Antonio Jose Gerardo T Paz and Leo Frederick Z Cruz, Angara Abello Concepcion Regala & Cruz (ACCRALAW)
14.2 Growth Areas ADR, particularly arbitration, remains one of the main areas of growth for commercial disputes in the Philip- pines. Another main area of growth is improving access to justice by modernising court procedures and legal processes. As part of the SPJI, the Supreme Court has taken steps to ensure easier access to justice using modern technology, including recently mak- ing electronic filing the primary mode of filing for civil cases and digitalising the outdated rules on notarial practice. Despite these developments, there is still a long way to go towards modernising access to justice, in a way that keeps up with the rapid growth of technology reflected in the evolving trends in commercial dis- putes.
to resort to mediation, judicial dispute resolution and other forms of ADR in and out of court, with a view towards expediting the resolution of disputes. Notably, the proposed new rules include a mechanism for mandatory mediation before an accredited media- tor, as well as judicial mediation as a next step, prior to the commencement of litigation. This will help not only to promote ADR but also to de-clog court dockets. Further, as part of its efforts to expedite the resolution of cases, the Supreme Court designated additional specialised courts (ie, special commercial courts, cybercrime courts, competition courts, AMLA Courts, etc) with specific rules of procedure aimed at expedit- ing proceedings.
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