Yes, under Section 28 of Republic Act No. 9285, otherwise known

as the Alternative Dispute Resolution Act of 2004 (“ADR Act”),

Philippine courts, specifically Regional Trial Courts, may issue Interim

Measures of Protection during the pendency of an international

commercial arbitration. The power of Regional Trial Courts to issue

Interim Measures of Protection in domestic arbitration is also recognized

under Section 33 of the aforementioned law. The procedure for the

application of interim measures of protection is clearly outlined in Rule 5

of AM No. 97-11-08-SC, otherwise known as the Supreme Court Special

Rules of Alternative Dispute Resolution (“Special ADR Rules”).

 

 

Rule 5.6 of the Special ADR Rules provides the specific allowable

interim measures of protection which Regional Trial Courts may grant

during the pendency of domestic and international commercial

arbitrations:

 

Rule 5.6. Type of interim measure of protection that a court

may grant. The following, among others, are the interim

measures of protection that a court may grant:

a. Preliminary injunction directed against a party to arbitration;

b. Preliminary attachment against property or garnishment of

funds in the custody of a bank or a third person;

c. Appointment of a receiver;

d. Detention, preservation, delivery or inspection of property; or,