RULE IX – PROCEEDINGS BEFORE THE REGIONAL HEARING OFFICE Section 1. Receipt of Complaint/Petition. – Upon receipt of the complaint/petition directly from the petitioner/complainant or from the field offices, the Clerk of the Regional Hearing Office shall specify the date of receipt, assign the case number, and immediately cause the issuance of the corresponding summons to the defendant/respondent. Section 2. Summons. – The summons shall direct the defendant/respondent to answer the complaint/petition within fifteen (15) days from receipt thereof. The summons shall also contain a notice that unless the defendant/respondent so answers, judgment shall be rendered upon the relief prayed for in the complaint/petition. Section 3. Service of Summons and Proof of Service. – The summons, together with a copy of the complaint/petition, shall be served upon the defendant/respondent personally. If personal service is not practicable, the summons shall be served through registered mail or through a reputable private courier at his/her given address. The process server or person duly authorized to cause service of summons shall certify on the manner, place, and date of service thereof. Such certification shall constitute proof of service. Section 4. Failure to Answer. – Upon failure of the defendant/respondent to file his/her answer within the prescribed period, an order of default shall be issued and the plaintiff/petitioner shall be allowed to present his/her evidence ex-parte. The defaulting defendant/respondent shall be entitled to subsequent notices or processes but shall not be entitled to participate in the proceedings. Section 5. Relief from Order of Default. – The defaulting defendant/respondent may, at any time after notice but before judgment, file a motion to set aside the order of default. The motion shall be accompanied by the defendant/respondent’s answer together with an affidavit of merit stating the ground or grounds relied upon, which may be any of, but not limited to, the following; a. Observance or restrictions imposed by customary laws; b. Accident; c. Mistake or excusable negligence; and d. Extrinsic fraud. Section 6. Preliminary Conference. – After the answer is filed and the case is not dismissed under any of the circumstances mentioned in Section 6, Rule VII hereof, the Regional Hearing Officer shall calendar the case for preliminary conference and shall issue the necessary order directing the parties to appear to determine the following: a. The possibility of an amicable settlement. The Regional Hearing Officer must take into consideration the application of customary laws in settling disputes Page | 10