b.
c.
d.
e.
f.
g.
such as, but not limited to, sakusak, bodong, dap-ay, tongtongan, kahimunan,
dumalungdong, etc.;
The issues to be resolved;
The evidence, oral or written, to be presented;
The date or submission of any further written material;
The date and place of hearing for the reception of evidence;
The fixing of a time and place for any inspection, if necessary; and
Such other matters which may be necessary or relevant to the case.
Section 7. Referral of the Case for Mediation and Conciliation. – If during the
preliminary conference, the parties failed to reach an amicable settlement, the
Regional Hearing Officer shall refer the case for mediation and conciliation to the
concerned Provincial Officer or to any officer of the Regional Office. The said officer
designated shall initiate the process by himself/herself or invite the participation of
elders/leaders or any one from the pool of accredited mediators who could
contribute in the settlement of the case using customary practices of the ICCs/IPs
concerned. The mediation shall be for a period not to exceed sixty (60) days from
receipt of the referral order by the mediator unless extended for just cause.
In cases where both parties belong to the same ICCs/IPs, the Regional Hearing
Officer shall exert earnest efforts to settle the case using customary laws of the
concerned ICCs/IPs. The documented or validated customary laws of the concerned
ICCs/IPs may be used as reference in resolving the case.
Section 8. Judgment Based on Settlement under Customary Law. – If a
settlement is reached as a result of the application of customary laws, the same
shall be submitted to the Regional Hearing Office for recording purposes and for the
rendition of judgment based on the settlement. The minutes of the settlement
proceedings, the certification signed by the elders/leaders who participated, or the
certification of the Provincial Officer, is deemed sufficient to prove that the
settlement process occurred and that a resolution was reached thereon.
Section 9. Judgment Based on a Compromise. – Where the parties agreed to
settle the controversy during the preliminary conference, an order shall be issued
by the Regional Hearing Officer directing the parties and their respective counsels
to put in writing their compromise agreement within ten (10) days from the
preliminary conference or mediation conference.
Thereafter, a hearing shall be scheduled to consider the compromise agreement.
Judgment shall then be rendered based on the compromise agreement. The
judgment approving the compromise agreement shall be considered as judgment
on the merits. If no compromise was reached after the duration allotted for the
mediation conference, the mediator shall issue a certificate to that effect.
Section 10. Reception of Evidence. – Evidence shall be presented during the
preliminary conference. For this purpose, a Preliminary Conference Order will be
issued indicating the stipulations made or agreement reached during said
conference, the issues to be resolved, the dates of presentation of evidence, if any,
and the evidence presented. The Preliminary Conference Order shall be signed by
the parties and their respective counsels.
Page | 11