2022 Remedial Law, Q16

In December of 2021, Matibag Realty Corp. and Kasangga Construction Co. submitted their construction dispute to arbitration before the Construction Industry Arbitration Commission (CIAC). In March 2022, the CIAC arbitral tribunal rendered an award in favor of Kasangga Construction Co. What is Matibag Realty Corp.’s remedy? Explain briefly. (5 points)

Quick check

What is the proper judicial remedy to challenge a CIAC arbitral award on pure questions of law?

Which remedy must be resorted to when assailing a CIAC arbitral award on factual grounds or grave abuse of discretion?

Under prevailing jurisprudence, is Rule 43 still an available mode of appeal from CIAC arbitral awards?

Why are factual findings of CIAC arbitral tribunals generally accorded finality and respect by courts?

Choices available with full access.

What must a petitioner prove under Rule 65 to successfully set aside a CIAC arbitral award in the Court of Appeals?

Choices available with full access.

Unlock the full Remedial Law answers

Learn more about these topics

1. CIAC Award Remedies
Under prevailing Supreme Court jurisprudence, appeals from arbitral awards rendered by the Construction Industry Arbitration Commission are no longer governed by Rule 43 of the Rules of Court. In Global Medical Center of Laguna v. Ross Systems International, the Supreme Court clarified the proper judicial remedies to challenge CIAC awards based on the nature of the errors alleged. This procedural framework ensures that arbitration remains an efficient alternative dispute resolution mechanism while preserving appropriate judicial review for errors of law and grave abuses of discretion.

2. Pure Legal Questions
When a party seeks to challenge a CIAC arbitral award strictly on pure questions of law, the exclusive and proper procedural remedy is a petition for review on certiorari filed directly before the Supreme Court under Rule 45. Questions of law involve the correct interpretation and application of statutory provisions, contract clauses, or legal doctrines without re-evaluating evidentiary matters or factual findings. Direct recourse to the highest court streamlines legal review for construction arbitration cases raising purely statutory or contractual interpretation issues.

3. Factual Review Grounds
Factual findings of CIAC arbitral tribunals are generally final, binding, and unappealable due to the tribunal's specialized technical expertise in construction disputes. However, if a party assails the award based on factual issues, corruption, fraud, misconduct, or severe violations of constitutional due process, the proper remedy is a special civil action for certiorari under Rule 65 filed with the Court of Appeals. The petitioner must establish that the arbitral tribunal acted with grave abuse of discretion amounting to lack or excess of jurisdiction.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026