President Benigno Aquino 3rd has issued Executive Order (EO) 97 where the dispute
resolution process of the Executive Branch was placed under the Office for Alternative Dispute Resolution (OADR) the management, development and coordination of all ADR programs of the government.
Executive Secretary Paquito Ochoa Jr. said on Thursday that the President signed the order on October 18, giving the OADR all the authority and functions previously being discharged by the Office of the President over disputes filed with the courts, quasi-judicial bodies or administrative offices.
“The use of ADR has been proven to be effective in amicably and speedily resolving disputes filed before judicial or quasi-judicial bodies and administrative agencies. There is a need to promote the use of ADR to achieve speedy resolution of disputes before the agencies under the executive department,” Mr. Aquino stated in the order.
Ochoa said that the new order complements Executive Order 78 issued on July 4, 2012, which provides for the mandatory inclusion of ADR in all contracts and agreements for public-private partnership, build-operate-transfer schemes and joint ventures between the national government and private entities or local government units.
“This is in line with the govern-ment’s policy of providing a conducive business climate for private investments by making the resolution of disputes less expensive, tedious and time-consuming, especially for large-scale, capital-intensive infrastructure and development projects,” he said.
“The use of ADR will also allow government agencies to focus on other important tasks and functions such as the delivery of basic services instead of attending to disputes,” he added
Under the EO 97, the OADR will oversee, monitor, coordinate and evaluate the development of ADR programs and services in agencies under the Executive Branch. All government agencies have been directed to submit a status report to the OADR on the designation of a senior official and an alternate responsible for its ADR programs and activities within the next three months.
Moreover, Ochoa said that the issuance of order by President Aquino revokes EO 523. “EO No. 523 was issued pending the promulgation of the implementing rules and regulations of the ADR Act and the full operation of the OADR. To date, however, the OADR is fully operational with the needed staff support and resources to perform its functions under the law.”
The EO 97, however, states that it does not cover management, oversight and implementation of the barangay justice system, and should not be interpreted to repeal, amend or modify the jurisdiction of the Katarungang Pamba-rangay under the Local Government Code of 1991.
The order will take effect 15 days after its publication in a newspaper of the general circulation.
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