construction industry arbitration commission - 22 pages.pdf

8/15/2019 Construction Industry Arbitration Commission - 22 pages.pdf

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The

CONSTRUCTIONINDUSTRY

ARBITRATIONCOMMISSION


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HIGHLIGHTS OF CIAC HISTORY

November 28, 1980 – the Philippine Domestic ConstructionBoard (PDCB) was created under PD No. 1746, under the

Construction Industry Authority of the Philippines (CIAP),

to, among others, “adjudicate and settle claims anddisputes in the implementation of public construction

contracts” and to “formulate and recommend rules and

procedures for adjudication and settlements of claims and

disputes in the implementation of contracts in private

construction”.


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July 7, 1982 – the PDCB approved for submission to theCIAP a proposed Executive Order (E.O.) creating the

Construction Industry Arbitration Commission (CIAC),

under its administrative supervision. Consultations anddiscussions with both government and private sectors were

conducted regarding the proposed E. O.

June 21, 1984 – the revised draft of the proposed E.O. was

submitted to the Office of the President.


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February 4, 1985 – Executive Order No. 1008 was signedby then President Ferdinand E. Marcos, creating the CIAC

and vesting it with original and exclusive jurisdiction over

claims and disputes from or connected with public andprivate construction contracts in the Philippines. Dr.

Gonzalo T. Santos, Jr. was appointed as the first CIAC

Chairman, with Messrs. Lamberto Un Ocampo and Onofre

B. Banzon as members.


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January 9, 1986 – the CIAC rules and criteria foraccreditation were finalized.

August 23, 1988 – the CIAC Rules of Procedure Governing

Construction Arbitration as well as the simplified rules for

mediation/conciliation were approved.

December 14, 1988 – the first batch of 15 successful

candidates and 7 members of the training faculty took

their oath of accreditation as construction arbitrators

before Chief Justice Marcelo H. Fernan.


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January 1989 – the CIAC started to be operational and toaccept cases for settlement.

Current composition of the CIAC:

1. Atty. Manuel M. Cosico-Chairman

2. Engr. Antonio A. Abola – Member

3. Engr. Emilio Lolito J. Tumbocon - Member


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Establishment of CIAC

“There is hereby established in theConstruction Industry Authority of the

Philippines (CIAP) a body to be known asthe Construction Industry ArbitrationCommission (CIAC). “ [Section 3, E.O.1008]


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Nature of Jurisdiction

CIAC is vested with original and exclusive jurisdiction over disputes arising from orconnected with, contracts entered into by parties

involved in construction in the Philippines,whether the dispute arises before or after theabandonment or breach thereof. These disputesmay involve government of private contracts. Forthe Board to acquire jurisdiction, the parties to adispute must agree to submit the same tovoluntary arbitration. xxx…. Xxx (Section 4, E.O.

1008)


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R.A 9184 (Government

Procurement Reform Act)

Sec. 59 Arbitration – any and all disputes arising from theimplementation of a contract covered by this Act shall be

submitted to arbitration in the Philippine according to theprovisions of R.A. 876, otherwise known as the “Arbitration

Law” . Provided, however, that disputes that are within thecompetence of the Construction Industry ArbitrationCommission to resolve shall be referred thereto. The process of

arbitration shall be incorporated as a provision in the contractthat will be executed pursuant to the provisions of this Act.Provided, that by mutual agreement, the parties may agree in

writing to resort to alternative methods of dispute resolution.

Signed into law – 10 January 2003Effectivity – 26 January 2003


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REPUBLIC ACT 9285

(ADR Act of 2004)

AN ACT TO INSTITUTIONALIZETHE USE OF ALTERNATIVE

DISPUTE RESOLUTION SYSTEM INTHE PHILIPPINES AND TO

ESTABLISH THE OFFICE FOR ALTERNATIVE DISPUTERESOLUTION AND FOR OTHER

PURPOSES


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R.A. 9285, CHAPTER 6 – ARBITRATION

OF CONST. DISPUTES

Sec. 34. Arbitration ofConstruction Disputes:

Governing Law – the arbitrationof construction disputes shall be

governed by Executive Order 1008,otherwise known as theConstruction Industry Arbitration

Law


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OF CONST. DISPUTES

Sec. 35. Construction disputes which fall within theoriginal and exclusive jurisdiction of the

Construction Industry Arbitration Commission (the

“Commission”) shall include those between oramong parties to, or who are otherwise bound by,an arbitration agreement, directly or by reference

whether such parties are project owner, contractor,subcontractor, fabricator, project manager, designprofessional, consultant, quantity surveyor,

bondsman or issuer of an insurance policy inconstruction project


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OF CONST. DISPUTES

…. Cont.

The Commission shall continue toexercise original and exclusive

jurisdiction over construction disputesalthough the arbitration is “commercial” pursuant to Section 21 of the RA 9285.


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OF CONST. DISPUTES

Sec. 39 Court to Dismiss case involving aConstruction Dispute. A Regional Trial Court

before which a construction dispute is filed shall,

upon becoming aware not later than the pretrialconference, that the parties had entered into anarbitration agreement, dismiss the case and refer

the parties to arbitration to be conducted by CIAC,unless both parties, assisted by their respectivecounsel, shall submit to the RTC a written

agreement exclusively for the Court, rather thanthe CIAC, to resolve the dispute.


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R t f CIAC A dit d


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Roster of CIAC - Accredited

Arbitrators

10. Battad, Ernesto J. - Civil/Sanitary Engineer, Master Plumber

(Inactive)

11. Borja, Julius D. ** - Civil Engineer (Active)

12. Butalid, Jacinto M. - Lawyer, Civil Engineer (Active)

13. Cabote, Regulus E. - Lawyer (Active)14. Cal, Primitivo C. - Civil/Transportation Engineer,

Lawyer,

Environmental Planner (Active)

15. De Castro, Ernesto S. - Civil/Structural Engineer (Active)

16. Castro, Salvador Jr. P. - Civil Engineer (Active)

17. Castro, Tomas Jr. M. - Civil Engineer (Active)

18. Ceniza, Eduardo R. - Lawyer (Active)

19. Chua, Elvira P. ** - Architect (Active)


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Arbitrators

20. Claridad, Guillermo G. ** - Electrical Engineer (Active)21. Cosico, Manuel M. - Lawyer (Active)

22. Cuison, Felipe T. - Lawyer (Active)

23. David, Romeo C. - Civil Engineer (Active)

24. Decampong, Alano C. ** - Civil engineer (Active)25. Dickina, Carmen Theresa V.** - Architect (Active)

26. Dio, Roberto N. - Lawyer (Active)

27. Escuadra, Luciano D.** - Civil Engineer (Active)

28. Espinosa, Lourdes J. - Lawyer (Active)29. Evangelista, Eliseo I. - Civil/Structural Engineer

(Active)

30. Fajardo, Beda G. - Lawyer (Active)

31. Firme, Wenfredo A. - Mechanical Engineer (Active)32. Florentino, Edilberto F. - Architect (Active)


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Arbitrators

33. Guerzon, Wilfredo H. ** - Civil Engineer (Active)34. Gutierrez, Estelita Y. - Civil/Sanitary Engineer

(Active)

35. Joaquin, Joven B. - CPA (Active)

36. Jovellanos, Jose U. - Civil Engineer (Inactive)37. Lagmay, Ariel A.** - Civil engineer (Active)

38. Lazatin, Victor P. - Lawyer (Active)

39. Leoncio, Potenciano - Civil Engineer (Active)

40. Lim, Mario Eugenio V. - Lawyer (Active)41. Mabanta, Jose F. - Civil Engineer (Active)

42. Mambulao, Gilbert S. Sr.** - Civil Engineer (Active)

43. Mansueto, Guadalupe O.* - Civil/Structural/

Geodetic/Sanitary Engineer(Active)


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Arbitrators

44. Mansueto, Antonio O. II* - Mechanical Engineer (Active)

45. Morallos, Jesusito - Lawyer/Civil Engineer(Active)

46. Noto, Paulino M. - Lawyer (Active)

47. Ocampo. Lamberto Un - Civil/Sanitary Engineer

(Inactive)48. Paderon, Rosauro S. - Architect (Inactive)

49. Parlade, Custodio O. - Lawyer (Active)

50. Pasicaran, Danilo R.* - Civil/Mechanical Engineer

(Active)51. Peñalosa, Rodolfo R. - Electrical Engineer (Active)

52. Pinoy, Ray Anthony O. - Lawyer (Active)

53. Pio Roda, Felicitas A. - Architect (Active)

54. Reyes, Felisberto GL. - Civil/Structural EngineerQuantity Surveyor (Active)

Roster of CIAC Accredited


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Arbitrators55 .Reyes, Jesus M. - Architect (Active)

56. Reyes, Rommel S.** - Architect/LLB (Active)

57. Salazar, Doroteo M. * - Civil/Geodetic Engineer (Active)

58. San Juan, Ricardo B. - Civil/Industrial Engineer (Active)

59. Sang Tian, Anselmo L. ** - Civil Engineer (Active)60. Tadiar, Alfredo F. - Lawyer (Active)

61. Tankeh-Asuncion, Maria Clara B. - Lawyer (Active)

62. Tiongson, Alicia A. - Statistician, EnvironmentalPlanner (Active)

63. Tiu, Kian Hun T. * - Civil Engineer (Active)

64. Tompar, Antonio Camelo P. * - Mechanical Engineer (Active)

65. Trinidad, Leonardo P. - Mechanical Engineer (Inactive)

66. Valderrama, Mario E. - Lawyer (Active)

Roster of CIAC Accredited


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Arbitrators67. Villafranca, James S. - Lawyer (Active)

68. Viloria, Leandro A. - Environmental/Urban &

Regional Planner (Active)

69. Viray, Reynaldo T. - Civil Engineer (Active)

70. Yee, Gregorio C. ** - Civil Engineer (Active)

* - Visayas-based

** - Mindanao-based


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THANK YOU!

construction industry arbitration commission - 22 pages.pdf

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