RULE X – PROCEEDINGS BEFORE THE COMMISSION EN BANC PART I – APPEALED CASES Section 1. Grounds for Appeal. – The appeal from the Decision or Resolution of the Regional Hearing Officer that finally disposes of the case may be acted upon by the Commission en banc on any of the following grounds: a. On pure question of law; and/or b. Serious errors in the findings of facts which, if not corrected, would cause grave or irreparable damage or injury to the appellant. Section 2. Action on Appeal. – Upon receipt of the entire record of the case, the Clerk of the Commission shall forthwith docket the case and notify the Commission en banc. Thereafter, the Commission en banc shall assign the case to the appropriate Ethnographic Commissioner to facilitate alternative dispute resolution (ADR). The said Commissioner shall set mediation within thirty (30) days from date of assignment and complete the proceedings within sixty (60) days from the day of first conference. A notice for the appellee to appear in the mediation shall be personally served to the latter, or be sent by registered mail or private courier. During mediation, the Ethnographic Commissioner may conduct the mediation himself/herself or choose from a pool of accredited mediators recognized by the NCIP to conduct the mediation process. The mediator chosen must be with the assent of all the parties to the case. During the mediation process, the appearance of lawyers is prohibited. The conduct of the mediation process is strictly confidential. Any information gained from such mediation proceeding is not admissible in evidence at the proceedings before the Commission en banc. If mediation is successful, the Ethnographic Commissioner shall submit the compromise agreement and the record of the case to the Commission en banc for approval and rendition of judgment on compromise. Otherwise, the case is referred back to the Commission en banc for disposition. The Commission en banc will then require the appellee to submit his/her memorandum within ten (10) days from receipt of the order requiring him/her to do so. Section 3. Appellant’s Memorandum on Appeal; Contents. – The Memorandum on Appeal shall indicate the parties to the appeal, specify the decision, award or final order appealed from, and state the material dates showing the timeliness of the appeal. It shall also contain a statement of matters involved, the issues or grounds relied upon, and the relief prayed for. The Memorandum on Appeal shall be filed in three (3) legible copies, with proof of service to all appellee/s. The original copy of the Memorandum on Appeal shall be indicated as such by the appellant. Page | 14