Act, shall be prosecuted before the Regular Courts of proper jurisdiction. Jurisdiction over the civil and administrative aspect of said cases, however, shall be retained by the NCIP and its Regional Hearing Office. Section 4. Effective Exercise of Jurisdiction. – The Commission or the Regional Hearing Office may adopt measures to carry into effect the jurisdiction of the NCIP, including the issuance of supplementary writs or processes, especially where no procedure to be followed in the exercise of such jurisdiction is specified by law or by this Rules unless the same is violative of customary laws or it does not conform with the meaning and spirit of R.A. 8371. RULE IV – PRECONDITION FOR ADJUDICATION Section 1. Exhaustion of Remedies Provided under Customary Laws. – It is the responsibility of the complainant/petitioner to set the case for mediation and/or settlement. No case shall be brought before the Regional Hearing Office or the Commission unless the parties have exhausted all remedies provided for under customary laws. The exhaustion of customary laws shall strictly adhere to the processes and modes prescribed by customs and traditions duly validated and/or documented. Section 2. Certification of Non-Resolution. – Where the parties have failed to settle their disputes as provided in this Rules, the Council of Elders shall issue a certification to the effect that all diligent efforts for settlement under customary practices have failed. No complaint or petition shall be accepted in the Regional Hearing Office unless it is accompanied by a Certification of Non-Resolution (CNR), which may be in any form. Section 3. Referral to Mediators in Certain Cases. – In places where there are no known council of elders or if the leader/s refused or are disqualified to mediate, the parties shall be referred to a mediator/s chosen by them from an identified pool of accredited mediators or one mutually agreed upon by the parties. In the event that no agreement is arrived at, the certification referred to in the preceding section shall be issued by the said mediator/s. Section 4. Effect of Settlement. – Agreements arrived at as a result of the application of customary laws or the referral to the mediator/s shall be binding between the parties and shall be accorded due respect. Section 5. Exception. – The certification shall not be required where one of the parties is non-IP or does not belong to the same ICC, except when he/she voluntarily submits to the jurisdiction of the Council of Elders/Leaders. Section 6. Failure to Submit Certification. – In case of failure to submit the certification of non-resolution, the Regional Hearing Office shall refer the case to the concerned Provincial Office. The latter shall cause the referral of the case to concerned council of elders/leaders or mediators, whichever is applicable. Page | 4