ADR mid terms part 6 Flashcards
IPO
Intellectual Property Office
3 Laws that govern IPO Mediation
- IPO Memo Circular No 8 Series of 2018
- IPO Memo Circular No 6 Series of 2019
- IPO Office Order 15-067
IPO Office Order 15-067
Supplemental Guidelines on WIPO option
Who is in charge of Barangay Conciliation?
KP- Katarungang Pambarangay
Who is the Lupon Chairman?
Punong Barangay
When may directly go to court?
- Accused is under Detention
- Person deprived of liberty
- Action is coupled with provisional remedy
- Action barred by statute of limitations
Period of Execution for Barangay Conciliation
6 months from date of award
Period of Repudiation for Barangay Conciliation
10 Days
Cases within the jurisdiction of the Court of Tax Appeals (CTA) Divisions
- Decisions of, or inaction by Commissioner of Internal Revenue (CIR)
- Decisions of the Commissioner of Customs (COC)
- Decisions of the Secretary of Finance
- Decisions of the Secretary of Trade and Industry
- Decisions of the Secretary of Agriculture
PMC-CTA
Philippine mediation Center – Court of Tax Appeals
qualified mediators for the CTA
- Retired justices and judges
- Retired Revenue or Customs Officials
- Senior law practitioners
- Senior certified public accountants (CPA)
- Senior licensed custom brokers
All with at least five (5) years of experience in the field of taxation or customs law, with creative problem solving and human relation skills.
When CTA Mediator can be disqualified?
a. He/she is related by consanguinity or affinity within the sixth civil degree to either of the parties
b. He/she is related by consanguinity or affinity within the fourth civil degree to the counsel of a party
c. He/she or his/her spouse or child has financial or fiduciary or pecuniary interest in the case under mediation, or is biased for or against any party (SEC. VII.B of A.M. No. 11-1-5-SC-PHILJA)
CTA MEDIATION Period
30 days plus 30 days extension
DHSUD Mediation Period
60 days plus 30 days extension
DOLE NCMB
DOLE- National Conciliation and Mediation Board
