1/24/2020 E.O. No.

1008

Today is Friday, January 24, 2020

Custom Search

Constitution Statutes Executive Issuances Judicial Issuances Other Issuances Jurisprudence International Legal Resources AUSL Exclusive

EXECUTIVE ORDER NO. 1008 February 4, 1985

CREATING AN ARBITRATION MACHINERY IN THE CONSTRUCTION INDUSTRY OF THE PHILIPPINES

WHEREAS, the construction industry provides employment to a large segment of the national labor force and is a
leading contributor to the gross national product;

WHEREAS, it is of vital necessity that continued growth towards national goals shall not be hindered by problems
arising from, or connected with, the construction industry;

WHEREAS, there is a need to establish an arbitral machinery to settle to such disputes expeditiously in order to
maintain and promote a healthy partnership between the government and the private sector in the furtherance of
national development goals;

WHEREAS, Presidential Decree No. 1746 created the Construction Industry Authority of the Philippine (CIAP) to
exercise centralized authority for the optimum development of the construction industry and to enhance the growth
of the local construction industry;

WHEREAS, among the implementing agencies of the CIAP is the Philippine Domestic Construction Board (PDCB)
which is specifically authorized by Presidential Decree No. 1746 to "adjudicate and settle claims and disputes in the
implementation of public and private construction contracts and for this purpose, formulate and adopt the necessary
rules and regulations subject to the approval of the President";

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in
me by law, do hereby authorize the creation of an arbitration machinery in the construction industry of the
Philippines, and do hereby order and ordain:

Sec. 1. Title. This Executive Order shall be known as the "Construction Industry Arbitration Law".

Sec. 2. Declaration of Policy. It is hereby declared to be the policy of the State to encourage the early and
expeditious settlement of disputes in the Philippine construction industry.

Sec. 3. Creation. There is hereby established in the CIAP a body to be known as the Construction Industry
Arbitration Commission (CIAC). The CIAC shall be under the administrative supervision of the PDCB.

Sec. 4. Jurisdiction. The CIAC shall have original and exclusive jurisdiction over disputes arising from, or connected
with, contracts entered into by parties involved in construction in the Philippines, whether the dispute arises before
or after the completion of the contract, or after the abandonment or breach thereof. These disputes may involve
government or private contracts. For the Board to acquire jurisdiction, the parties to a dispute must agree to submit
the same to voluntary arbitration.

The jurisdiction of the CIAC may include but is not limited to violation of specifications for materials and
workmanship; violation of the terms of agreement; interpretation and/or application of contractual time and delays;
maintenance and defects; payment, default of employer or contractor and changes in contract cost.

Excluded from the coverage of this law are disputes arising from employer-employee relationships which shall
continue to be covered by the Labor Code of the Philippines.

Sec. 5. Composition of the Board. The Commission shall consist of a Chairman and two (2) members, all to be
appointed by the CIAP Board upon recommendation by the members of the PDCB.

Sec. 6. Functions of the Commission. The Commission shall perform, among others that may be conferred by law,
the following functions:

1) To formulate and adopt an arbitration program for the construction industry;

2) To enunciate policies and prescribe rules and procedures for construction arbitration;

3) To supervise the arbitration program, and exercise such authority related thereto as regards the
appointment, replacement or challenging of arbitrators; and

4) To direct its officers and employees to perform such functions as may be assigned to them from time to
time.

Sec. 7. Compensation of the Commission. The members of the Commission shall receive such per diems and
allowances as may be fixed by the CIAP from time to time.

Sec. 8. Term. The term of office of the members of the Commission shall be six (6) years; provided, however, that of
the Commission members first appointed, the chairman shall hold office for six years; the other member for four (4)
years; and the third for two (2) years. The appointment to any vacancy in the Commission shall only be for the
unexpired portion of the term of the predecessor.

Sec. 9. Quorum. The presence of a majority of the members of the Commission shall constitute a quorum for the
transaction of business.

Sec. 10. Deliberations. The decisions of the Commission shall be arrived at by majority vote.

Sec. 11. Secretariat. The Commission shall have a Secretariat to be headed by an Executive Director who shall be
responsible for receiving requests for arbitration, and other pleadings, for notifying the parties thereto; and, for fixing
and receiving filing fees, deposits, costs of arbitration, administrative charges, and fees. It shall be the duty of the
Executive Director to notify the parties of the awards made by the arbitrators.

https://www.lawphil.net/executive/execord/eo1985/eo_1008_1985.html 1/2
1/24/2020 E.O. No. 1008
The Secretariat shall have among others a Publication and a Training Division.

Sec. 12. Authority to appoint. The Commission is hereby authorized to appoint the Executive Director, the
consultants, the arbitrators, as well as personnel and staff.

Sec. 13. Authority to Collect Fees. The Commission is empowered to determine and collect fees, deposits, costs of
arbitration, as well as administrative and other charges as may be necessary in the performance of its functions and
responsibilities. The CIAC is also authorized to use its receipts and deposits of funds to finance its operations
subject to the approval of the PDCB, the provisions of any law to the contrary notwithstanding.

Sec. 14. Arbitrators. A sole arbitrator or three arbitrators may settle a dispute.

Where the parties agree that the dispute shall be settled by a sole arbitrator, they may, by agreement, nominate him
from the list of arbitrators accredited by the CIAC for appointment and confirmation. If the parties fail to agree as to
the arbitrator, the CIAC taking into consideration the complexities and intricacies of the dispute/s has the option to
appoint a single arbitrator or an Arbitral Tribunal.

If the CIAC decides to appoint an Arbitral Tribunal, each party may nominate one (1) arbitrator from the list of
arbitrators accredited by the CIAC for appointment and for confirmation. The third arbitrator who is acceptable to
both parties confirmed in writing shall be appointed by the CIAC and shall preside over the Tribunal.

Arbitration shall be men of distinction in whom the business sector and the government can have confidence. They
shall not be permanently employed with the CIAC. Instead, they shall render services only when called to arbitrate.
For each dispute they settle, they shall be given fees.

Sec. 15. Appointment of Experts. The services of technical or legal experts may be utilized in the settlement of
disputes if requested by any of the parties or by the Arbitral Tribunal. If the request for an expert is done by either or
by both of the parties, it is necessary that the appointment of the expert be confirmed by the Arbitral Tribunal.

Whenever the parties request for the services of an expert, they shall equally shoulder the expert's fees and
expenses, half of which shall be deposited with the Secretariat before the expert renders service. When only one
party makes the request, it shall deposit the whole amount required.

Sec. 16. Arbitration Expenses. Arbitration expenses shall include the filing fee; administrative charges, arbitrator's
fees; fee and expenses of the expert, and others which may be imposed by the CIAC.

The administrative charges and the arbitrator's fees shall be computed on the basis of percentage of the sum in
dispute to be fixed in accordance with the Table of Administrative Charges and Arbitrator's Fees.

Sec. 17. Deposit to Cover Arbitration Expenses. The CIAC shall be authorized to fix the amount to be deposited
which must be equivalent to the expected arbitration expenses. The deposit shall be paid to the Secretariat before
arbitration proceedings shall commence. Payment shall either be shared equally by the parties or be paid by any of
them. If one party fails to contribute his share in the deposit, the other party must pay in full. If both parties fail to
tender the required deposit, the case shall be considered dismissed but the parties shall still be liable to pay one half
(1/2) of the agreed administrative charge.

Sec. 18. Reports. The Commission shall within three (3) months after the end of the fiscal year, submit its annual
report to the CIAP. It shall, likewise, submit such periodic reports as it may be required from time to time.

Sec. 19. Finality of Awards. The arbitral award shall be binding upon the parties. It shall be final and inappealable
except on questions of law which shall be appealable to the Supreme Court.

Sec. 20. Execution and Enforcement of Awards. As soon as a decision, order to award has become final and
executory, the Arbitral Tribunal or the single arbitrator with the occurrence of the CIAC shall motu propio, or on
motion of any interested party, issue a writ of execution requiring any sheriff or other proper officer to execute said
decision, order or award.

Sec. 21. Rule-Making Power. The CIAC shall formulate and adopt necessary rules and procedures for construction
arbitration.

Sec. 22. Separability Clause. The provisions of this Executive Order are declared to be separable and if any
provision on the application hereof is held invalid or unconstitutional, the validity of the remaining provision not
otherwise affected shall remain in full force and effect.

Sec. 23. Repealing Clause. All provisions of existing laws, proclamations, decrees, letters of instructions and
executive orders contrary to or inconsistent herewith are hereby repealed or modified accordingly.

Sec. 24. Effectivity Clause. This Executive order shall take effect immediately.

DONE in the City of Manila, this 4th day of February, in the Year of Our Lord, Nineteen Hundred and Eighty-Five.

The Lawphil Project - Arellano Law Foundation

https://www.lawphil.net/executive/execord/eo1985/eo_1008_1985.html 2/2