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.
Section 22. Preliminary Conference Order. – 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.
Section 23. Submission of Memoranda. – After the preliminary conference order
has been issued, the Commission en banc shall require the parties to submit
memoranda to support their claims and defenses within fifteen (15) days from
receipt of the order requiring them to do so.
Section 24. Decision. – The Commission en banc shall render its decision within
ninety (90) days from receipt of the last memorandum or expiration of the period
for filing the same.
Section 25. Service and Enforcement of Order of Judgment. – A certified true
copy of the resolution or decision shall be served upon the tribunal, corporation,
board, person and all parties concerned in such manner as the Commission en banc
may direct, and disobedience thereof may be punished as contempt. Service to
counsel shall be deemed service upon the party.
Section 26. Motion for Reconsideration. – Only one motion for reconsideration
on the resolution or decision of the Commission en banc that finally disposes of the
case shall be allowed. Said motion shall be filed within fifteen (15) days from
receipt of a copy of the assailed resolution or decision.
The filing of a timely motion for reconsideration shall interrupt the running of the
period to appeal.
Section 27. Appeal to the Court of Appeals. – Resolutions or decision of the
Commission en banc may be appealed to the Court of Appeals only by way of a
petition for review on certiorari.
Section 28. Execution of Judgment, Basic Rule. – Only judgments, decisions,
or final orders in these original jurisdiction cases that finally dispose of the case
shall be subject of execution as a matter of right.
Section 29. Effective Enforcement of Judgments, Decisions, or Final Orders
of the Commission En Banc. – In order for the Commission en banc to effectively
enforce its decisions, awards or final orders in these original jurisdiction cases, any
suitable process or procedure may be employed and adopted, unless this does not
conform with the spirit of R.A. 8371 or this Rules, or violates customary laws and
practices. This may include remanding the case to the Regional Director for
execution.
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