PHILIPPINES Law and Practice Contributed by: Ramon G. Songco, Anthony W. Dee, Ricardo Ma. P.G. Ongkiko and Russel L. Rodriguez, SyCip Salazar Hernandez & Gatmaitan
arguments. Based on the parties’ submissions, the court may hold a hearing before deciding the case. The judgment of the trial court confirming the domes - tic arbitral award, or recognising and enforcing the international commercial arbitration award or the for - eign arbitral award, may be subject to an appeal to the appellate court or to an appeal by certiorari to the Supreme Court on questions of law, in accordance with the Special ADR Rules. 4.5 Costs and Time Taken to Enforce Arbitral Awards The filing fees for the filing of a petition to confirm or enforce, vacate, or set aside an arbitral award in a domestic arbitration or an international commercial arbitration ranges from PHP10,000 (approximately USD180) if the award does not exceed PHP1 million (approximately USD17,900) to PHP50,000 (approxi - mately USD895) if the award exceeds PHP100 million (approximately USD1,790,000). The minimal filing fee payable in “all other actions not involving property” shall be paid by the petitioner seeking to enforce for - eign arbitral awards under the New York Convention in the Philippines. It generally takes six months to one year for a trial court to enforce an arbitral award in the Philippines. Afterwards, the aggrieved party may still appeal the decision of the trial court to the appellate court, which can take one to two years to render a decision. The appellate court’s decision may be further appealed to the Supreme Court, which can take another one to two years to render a decision. An appeal by certiorari to the Supreme Court from a trial court’s decision can take one to two years.
If the domestic, international commercial, or foreign arbitral award is against the Philippine government (or its instrumentalities and agencies), the judgment creditor also needs to file a money claim with the Commission on Audit after the arbitral award has been confirmed and enforced by the Philippine courts. The Commission on Audit is vested with jurisdiction to settle all accounts pertaining to the expenditures or uses of funds and property owned by the Philippine government, or any of its subdivisions, agencies, or instrumentalities, including government-owned and controlled corporations, and is charged with the duty to settle all debts and claims of any sort due from or owing to the Philippine government, or any of its subdivisions, agencies, and instrumentalities. The Commission on Audit may take one to two years to render a decision, and the aggrieved party may still appeal the decision of the Commission on Audit to the Supreme Court, which can take another one to two years to render a decision. 4.6 Challenging Enforcement of Arbitral Awards The enforcement of arbitral awards may be challenged based on the grounds enumerated under 4.3 Catego- ries of Arbitral Awards Not Enforced . In addition, the party may file a motion for reconsideration with the regional trial court on its ruling on the enforcement of the arbitral award. The resolution of the regional trial court on the motion for reconsideration may be appealed to the appellate court. Finally, the decision or resolution of the appel - late court may be appealed to the Supreme Court.
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