RULE XI – EVIDENCE Section 1. Flexible Approach. – The Commission en banc and the Regional Hearing Offices shall not be bound by technical rules on evidence provided under the Rules of Court, but shall proceed to hear and decide all cases, disputes or controversies in the most expeditious manner, employing all reasonable means to ascertain the facts of every case with utmost regard to the manner or mode of presenting evidence by ICCs/IPs as their customs, traditions, and practices may allow. In the reception of evidence, relevance shall be the controlling test. Section 2. Precautionary Principle. – In establishing the existence or truthfulness of customary law, the Commission/RHO shall be guided by the precautionary principle in the appreciation and admissibility of evidence. The following factors, among others, shall be considered: a. Oral tradition and history as attributed by ICCs/IPs experts or anthropologists; b. Self-ascription and ascription by others; and/or c. Current application of such customs, beliefs, or practices. Section 3. Unwritten Customs and Traditions, Oral History. – Unwritten customs and traditions or oral history of a certain ICCs/IPs shall be admitted in evidence for as long as they are relevant to the issue of the case and that they can be established as a fact by any of the expert witnesses and/or amicus/amici curiae or under the precautionary principle. Section 4. Test of Relevancy and Credibility. – A testimony is relevant when it has a logical connection with the issue raised and the same is given by a recognized and credible elder/leader of the community. Likewise, there is credibility when the person testifying is a recognized and respected elder/leader in the community and that he/she has participated in the resolution of the dispute that is/are related to the fact in issue. Section 5. Perpetuation of Testimonies Other than Judicial Affidavits. – If an ICCs/IPs elder/leader is identified as a witness and is indisposed due to illness, old age, justifiable distance, or other related causes, his/her testimony may be in the form of a deposition or any other mode allowed by their customs, traditions or practices. The concerned party shall submit their questions to the Regional Hearing Officer or the Commission en banc and the latter may direct the Provincial Officer concerned or any officer of the NCIP to facilitate the deposition or taking of testimony. As much as possible, the process shall be recorded by the concerned officer taking the testimony. Section 6. Oath or Affirmation. – In accordance with the culture and tradition of ICCs/IPs, witnesses shall be asked to take an oath or affirmation before testifying individually or as a group. Oath or affirmation or its equivalent in accordance with Page | 19