RA 9285 - ALTERNATIVE DISPUTE RESOLUTION ACT OF 2004

Question 1

The decisions of the Commission shall be arrived at by a majority vote.

a. Section 7
b. Section 8
c. Section 9
d. Section 10

Answer 1

d. Section 10

Question 2

The term of office of the members of the Commission shall be ___ years.

a. eight (8)
b. six (6)
c. four (4)
d. two (2)

Answer 2

b. six (6)

Question 3

Based on Section 18 of the EO 1008, how long shall the Commission submit its annual report to the CIAP after the end of the fiscal year?

a. within six (6) months
b. within five (5) months
c. within four (4) months
d. within three (3) months

Answer 3

a. within six (6) months

Question 4

The Executive Order no. 1008 shall be known as?

a. “Construction Industry Arbitration Law”
b. “Committing Industry Arbitration Law”
c. “Constructing Industry Arbitrating Law”
d. “Construction Industry Arbitrating Law”

Answer 4

a. “Construction Industry Arbitration Law”

Question 5

What does CIAC stand for?

a. Construction Industry Arbitration Commission
b. Construction Industry Arbritration Commission
c. Construction Industry Arbitrating Committee
d. Constructiom Industry Arbitration Committee

Answer 5

a. Construction Industry Arbitration Commission

Question 6

What does PDCB stand for?

a. Philippine Domestic Construction Board
b. Philippine Domestic Commission Board
c. Philippine Domestic Constructive Board
d. Philippine Domestic Commiting Board

Answer 6

a. Philippine Domestic Construction Board

Question 7

What does CIAP stand for?

a. Construction Industry Arbitration of the Philippines
b. Construction Institute Authority of the Philippines
c. Construction Industry Authority of the Philippines
d. Construction Institute Arbitration of the Philippines

Answer 7

c. Construction Industry Authority of the Philippines

Question 8

What happens when a domestic arbitral award is confirmed?

a. It becomes a final decision of the court
b. It is sent back for another arbitration
c. It can no longer be enforced
d. It is automatically rejected

Answer 8

a. It becomes a final decision of the court

Question 8

Which international agreement helps enforce arbitral awards from other countries?

a. New York Convention
b. Paris Agreement
c. ASEAN Treaty
d. Geneva Convention

Answer 8

a. New York Convention

Question 9

Who appoints the Executive Director of the Office for Alternative Dispute Resolution (OADR)?

a. The President of the Philippines
b. The Chief Justice
c. The Senate
d. The Regional Trial Court

Answer 9

a. The President of the Philippines

Question 10

What is the main purpose of the Office for Alternative Dispute Resolution (OADR)?

a. To promote the use of alternative dispute resolution (ADR)
b. To replace the Supreme Court
c. To settle all criminal cases
d. To create new courts

Answer 10

a. To promote the use of alternative dispute resolution (ADR)

Question 11

Where should a request for enforcing an arbitral award under the New York Convention be filed?

a. Regional Trial Court
b. Barangay Hall
c. Office of the President
d. City Mayor’s Office

Answer 11

a. Regional Trial Court

Question 12

If someone is unhappy with an arbitral award, where can they challenge it?

a. Regional Trial Court
b. Office of the President
c. Department of Trade and Industry
d. Supreme Court immediately

Answer 12

a. Regional Trial Court

Question 13

What must a person submit to enforce a foreign arbitral award?

a. A copy of the award and arbitration agreement
b. A letter from the mayor
c. A new court case
d. A police report

Answer 13

a. A copy of the award and arbitration agreement

Question 14

What does the term ADR stand for?

a. Alternative Dispute Resolution
b. Advanced Document Review
c. Administrative Dispute Regulation
d. Association of Dispute Representatives

Answer 14

a. Alternative Dispute Resolution

Question 15

What is required when appealing a confirmed arbitral award?

a. A counterbond equal to the award amount
b. A written complaint to the police
c. A request for a new arbitration
d. A letter to the President

Answer 15

a. A counterbond equal to the award amount

Question 16

What is the main goal of RA 9285?

a. To encourage faster and fair dispute resolution without going to court
b. To remove courts completely
c. To make cases more expensive
d. To require all cases to go through arbitration

Answer 16

a. To encourage faster and fair dispute resolution without going to court

Question 17

Which of the following is NOT an objective of Republic Act No. 9285?

a. To reduce court case backlogs by encouraging alternative dispute resolution (ADR)
b. To grant courts the authority to intervene in ADR proceedings at any stage
c. To allow parties greater control over their disputes through arbitration and mediation
d. To involve the private sector in resolving conflicts fairly and efficiently

Answer 17

b. To grant courts the authority to intervene in ADR proceedings at any stage

Question 18

Under RA 9285, which statement about arbitration is FALSE?

a. Arbitration decisions (awards) are binding on both parties
b. Parties can choose their arbitrator or have one appointed
c. Arbitration awards can be appealed like a regular court ruling
d. Arbitration is an alternative to traditional court litigation

Answer 18

c. Arbitration awards can be appealed like a regular court ruling

Question 19

All of the following are excluded from RA 9285 EXCEPT:

a. Breach of a construction contract
b. Labor disputes
c. Disputes over reserved inheritance shares
d. Disputes over whether a marriage is legally valid

Answer 19

a. Breach of a construction contract

Question 20

What is the key difference between mediation and arbitration as defined in RA 9285?

a. Mediation results in a binding decision, while arbitration does not
b. Arbitration involves a neutral third party making a final decision, while mediation facilitates negotiation
c. Arbitration always requires court approval, while mediation does not
d. Mediation can only be used for commercial disputes, while arbitration applies to all cases

Answer 20

b. Arbitration involves a neutral third party making a final decision, while mediation facilitates negotiation

Question 21

According to EO 1008, which entity has original and exclusive jurisdiction over construction disputes?

a. Supreme Court
b. Philippine Construction Arbitration Board
c. Construction Industry Arbitration Commission (CIAC)
d. Department of Public Works and Highways (DPWH)

Answer 21

c. Construction Industry Arbitration Commission (CIAC)

Question 22

What is the role of a mediator under RA 9285?

a. To impose a legally binding decision on the disputing parties
b. To facilitate communication and help parties voluntarily reach an agreement
c. To act as a judge and issue a ruling based on presented evidence
d. To ensure both parties receive equal financial compensation

Answer 22

b. To facilitate communication and help parties voluntarily reach an agreement

Question 23

What happens when parties agree to submit their dispute to mediation under institutional rules?

a. The parties can disregard the institutional rules if they find them inconvenient
b. The institutional rules take precedence over RA 9285 if a conflict arises
c. The institutional rules apply, but if they conflict with RA 9285, the law prevails
d. The mediator gains decision-making authority over the dispute

Answer 23

c. The institutional rules apply, but if they conflict with RA 9285, the law prevails

Question 24

Which statement about ADR providers under Section 3 is TRUE? a. Only accredited individuals or organizations can serve as ADR providers b. Even non-accredited individuals can act as ADR providers if the parties agree c. ADR providers must be licensed lawyers to be legally recognized d. The Supreme Court is responsible for accrediting all ADR providers in the Philippines

Answer 24

b. Even non-accredited individuals can act as ADR providers if the parties agree

Question 25

What is a key requirement for a mediator under Section 13? a. They must have at least 10 years of legal experience before facilitating disputes b. They must disclose any conflicts of interest before and during the mediation process c. They must be certified by the Integrated Bar of the Philippines d. They must have authority to issue legally binding decisions

Answer 25

b. They must disclose any conflicts of interest before and during the mediation process

Question 26

Under Chapter 2 of RA 9285, when does an ADR provider NOT need to be officially accredited? a. When handling construction-related disputes b. When parties mutually agree to use a non-accredited mediator or arbitrator c. When resolving financial disputes involving banks d. When dealing with international arbitration cases

Answer 26

b. When parties mutually agree to use a non-accredited mediator or arbitrator

Question 27

Which of the following best describes "commercial arbitration" under RA 9285? a. Arbitration involving international trade b. Arbitration of disputes arising from commercial relationships, including construction. c. Arbitration conducted by foreign government. d. Arbitration where money is involved

Answer 27

b. Arbitration of disputes arising from commercial relationships, including construction.

Question 28

What is the primary law governing domestic arbitration in the Philippines? a. RA 9285 only b. The Model Law c. RA 876, as amended by RA 9285 d. EO 1008

Answer 28

c. RA 876, as amended by RA 9285

Question 29

Which body has original and exclusive jurisdiction over construction disputes?

Answer 29

The Construction Industry Arbitration Commission (CIAC)

Question 30

Interim measures of protection in arbitration can be granted by: a. Only the court b. Only the arbitral tribunal c. Either the court (before tribunal formation) or the arbitral tribunal (after formation) d. Neither the court nor the tribunal

Answer 30

c. Either the court (before tribunal formation) or the arbitral tribunal (after formation)

Question 31

If a court finds that a construction dispute has been filed before it, and the parties have an arbitration agreement with CIAC, the court should generally: a. Proceed with the case b. Refer the parties to CIAC arbitration c. Dismiss the case entirely d. Order mediation

Answer 31

b. Refer the parties to CIAC arbitration

Question 32

Architect Shen and Contractor Zed have a disagreement over payment for a project. Their contract includes an arbitration clause. What's the most likely course of action? a. They must go to court. b. They will likely go to arbitration as per their contract. c. They must negotiate a settlement. d. Architect Shen can sue Contractor Zed directly.

Answer 32

b. They will likely go to arbitration as per their contract.

Question 33

During arbitration, Architect Nico Robin needs to preserve evidence of faulty construction. What can she do? a. Nothing, evidence preservation is the responsibility of the court. b. Request an interim measure of protection from the court or arbitral tribunal. c. Immediately file a criminal case. d. Publicly disclose the faulty construction.

Answer 33

b. Request an interim measure of protection from the court or arbitral tribunal.

Question 34

Architect Portgas D. Ace and a client disagree about the final payment for a house design. They have an arbitration clause in their contract. What's the first step they should likely take? a. Go directly to court. b. Try to resolve the issue through the agreed-upon arbitration process. c. Publicly argue about the disagreement. d. Contact the police.

Answer 34

b. Try to resolve the issue through the agreed-upon arbitration process.

Question 35

Zeri, a Filipino contractor, and Yasuo, a Japanese materials supplier, have a dispute. Which type of arbitration is this most likely considered? a. Domestic b. International c. Provincial d. Barangay

Answer 35

b. International

Question 36

Architect Frieren and Architect Himmel have a disagreement about a joint project. They are both Filipino. Is this considered domestic or international arbitration? a. International b. Domestic c. Neither d. Both

Answer 36

b. Domestic

Question 37

Contractor Brimstone needs to quickly stop subcontractor Reyna from damaging a partially completed building during a dispute. What can they do? a. Wait for the full arbitration process to conclude. b. Request an interim measure of protection. c. Start demolishing the building themselves. d. Ignore the damage.

Answer 37

b. Request an interim measure of protection.

Question 38

Architect Viego and his client Mr. Xin Zhao agreed to mediation first. If mediation is successful, how can they make the settlement agreement more formal and enforceable? a. By having the mediator notarize the agreement. b. By having the mediator issue the settlement agreement as an arbitral award. c. By filing the agreement with the court. d. By publishing the agreement in a newspaper.

Answer 38

b. By having the mediator issue the settlement agreement as an arbitral award.

Question 39

A dispute arises on a construction site between the owner and a subcontractor. Which law primarily governs this dispute resolution process? a. RA 876 b. RA 9285 c. EO 1008 d. The Civil Code of the Philippines

Answer 39

c. EO 1008