RULE VI – PARTIES TO ACTIONS OR PROCEEDINGS
Section 1. Proper Parties. – The parties to any case or proceeding before the
Regional Hearing Office or the Commission may be natural or juridical persons and
other entities authorized by law.
Section 2. Real Party in Interest. – Every case must be prosecuted and
defended in the name of the real party in interest who shall sue as “plaintiff” or
“petitioner”. The person being sued shall be referred to as “defendant” or
“respondent”.
In actions involving general interest, the real party in interest shall be the ICCs/IPs
or person/s authorized, through a community resolution, by majority of the
ICCs/IPs in the community to represent them.
A “real party in interest”, as provided in Section 2, Rule 3, of the Revised Rules of
Court, and adapted herein, is the party who stands to be benefited or injured by
the judgment in the suit, or the party entitled to the avails of the suit.
Section 3. Class Suit. – When the issues and subject matter of the dispute or
controversy involve common and general interest to many persons, one or more
may sue or defend for the benefit of all. In such case, the Regional Hearing Office
or the Commission shall ensure that the rights and interests of all parties are fully
protected.
Section 4. Indigent Party. – A party may be authorized to prosecute his/her
action or defend himself/herself as an indigent litigant or party if the Commission or
the Regional Hearing Officer, upon an ex parte application, is satisfied that the
party is indigent.
Such authority shall exempt said party from payment of docket, appeal, and other
legal fees including transcripts of stenographic notes as well as injunctive bond
which the Regional Hearing Officer or Commission may order to be furnished
him/her. The amount of the docket and other lawful fees which the indigent was
exempted from paying shall be a lien on any judgment rendered in the case
favorable to the indigent, unless the Commission or Regional Hearing Officer
provides otherwise.
Any adverse party may contest the grant of such authority at any time before
judgment is rendered by the Regional Hearing Officer. If the Regional Hearing
Officer determines, after hearing, that the party declared as an indigent is in fact a
person with sufficient income or property, the proper docket and other lawful fees
shall be assessed and collected by the Clerk of the Regional Hearing Office. If
payment is not made within the time fixed by the Regional Hearing Officer, an order
of execution shall be issued for the payment thereof, without prejudice to such
other sanctions as the Regional Hearing Officer may impose.
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