Remedial Law Digest: DENR V. United Planners Consultants [G.R. No. 212081, February 23, 2015]

DENR v. United Planners Consultants

Principles involved: “expressio unios est exclusio alterius”

TOPIC: Only those allowed remedies provided in the Special ADR rules must apply.

FACTS:

DENR and UNITED PLANNERS entered into a consultancy agreement for one of DENR’S Land Resource Management Master Plan Project. It was agreed that DENR will pay around P4M based on a predetermined percentage corresponding to the particular stage of work accomplished. UNITED PLANNERS had completed the work but DENR only paid around P2M, only 47% of the total contract price. DENR failed to pay the remaining balance despite acknowledging its liability and assured payment at the soonest possible time.

UNITED PLANNERS then filed a complaint with the RTC. Likewise, it filed a Motion to Refer to Arbitration pursuant to the ARBITRATION CLAUSE in the contract.

During pre-trial, both agreed to adapt CIAC Rules to govern the arbitration proceeding. Hence, an Arbitral Tribunal (AT) was created. The AT rendered an award in favor of UNITED PLANNERS directing DENR to pay the unpaid balance, with interests and other costs.

DENR filed a Motion for Reconsideration (MR) to the Arbitral Award (AA) with the RTC.

UNITED PLANNERS opposed the MR and moved to confirm the AA. RTC confirmed the AA and issued a Writ of Execution.

DENR filed a Motion to Quash of the Writ of Execution. 

RTC denied the Motion to Quash.

DENR received RTC’s order on July 12, 2012. On Sept 10, DENR filed a PETITION FOR CERTIORARI before the COURT OF APPEALS questioning the merits of the Arbitral Award.

CA dismissed the Petition for Certiorari on 2 grounds:

1) the petition was prohibited under the CIAC rules because it assails the merits of the AA and

2) it was filed out of time, violating the 15 day reglementary period to file a Special Civil Action for certiorari under the Special ADR Rules.

ISSUE: Is the CA correct dismissing the petition for certiorari?

HELD: YES.

Under CIAC rules, filing a Motion for Reconsideration of the Arbitral Award was a prohibited pleading. Thus, rendering the Arbitral Award final and executory.

By referral to arbitration, the case falls within the coverage of the Special ADR Rules. A petition for certiorari under the Rules of Court, even in suppletory capacity is NOT allowed. 

Rule 22.1 of the Special ADR rules is explicit that the provisions of the Rules of Court that are applicable to the proceedings enumerated in Rule 1.1 of the Special ADR rules have either been included and incorporated or specifically referred to. Also, it in cases where no specific rule is provided under the Special ADR Rules, the court shall resolve the matter summarily and be guided by the spirit and intent of the Special ADR Rules and the ADR laws.

Further, Special ADR rules provides that Petition for Certiorari must be filed within 15 days from notice of RTC’s order. In this case, since the Petition was filed nearly 2 months after July 12, the petition is dismissible.