After the issues have been joined, the parties may opt to simultaneously submit
their respective position papers/memoranda within twenty (20) days from the
termination of the preliminary conference. All documents and evidence must be
attached to the position paper/memoranda. Any move to extend the twenty (20)
day period shall be filed and heard within five (5) days before the expiration of the
original period upon application and only on justifiable reasons.
The affidavits of the parties and their witnesses may serve as their direct
testimonies. For this purpose, the Regional Hearing Officer may direct the parties to
submit their judicial affidavits, in question and answer form, to expedite the
proceedings.
Section 11. Hearing Conducted Outside the Regular Hearing Office. – The
Regional Hearing Officer, taking into consideration the applicability of customary
laws and practices, may conduct hearings and resolve motions or other incidents
outside of the hearing office at a specified time and date.
Section 12. Reception of Additional Evidence. – Should the Regional Hearing
Officer determine, in the interest of justice and adhering to the primacy of
customary laws, that there is a need to clarify questions regarding customary laws,
he/she may invite amici curiae to assist him/her in resolving the matter.
Section 13. Opinions of Amicus Curiae. – At any stage of the proceedings, the
Regional Hearing Officer at its own instance or upon the recommendation of the
parties may invite amicus/amici curiae whose opinion/s on any question of fact
concerning matters involving customs and tradition may be solicited. Such opinion
may not be necessarily binding on the Regional Hearing Officer but will serve as a
guide or tool in resolving the case using customary laws.
Section 14. Validated and/or Documented Customary Laws. – The validated
or documented or recorded customs and traditions involving the settlement of
disputes in a certain ICCs/IPs, shall form part of the historical and anthropological
data of such ICCs/IPs concerned and can be accessed or used in similar cases
involving the same ICCs/IPs, if applicable.
Section 15. Challenge of Validated and/or Documented Customary Laws. –
If any historical or anthropological data is challenged during the proceeding, the
Regional Hearing Officer may invite the participation of amicus/amici curiae to
assist him/her in the resolution of the issue concerned.
Section 16. When Case is Deemed Submitted for Resolution. – The case is
deemed submitted for Resolution after the parties have finally rested their case
and/or submitted their respective memoranda, or after the lapse of period within
which to file the same.
Section 17. Period to Render Judgment. – The Regional Hearing Officer shall
decide the case within ninety (90) days from the date the case was submitted or
deemed submitted for resolution.
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